PUBLIC LAW BOARD NO. 3514
Case No. 95 Award No. 78
PARTIES Brotherhood of Maintenance of Way Employes
to -and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of Trackman, Calvin Moreland, to have
his discipline of dismissal removed from his record and to be
restored to the service.
FINDINGS: This claim arose after the Carrier found the Claimant
to be in violation of a number of its rules, following the Claimant's
arrest and incarceration for operating a Carrier vehicle while under
the influence of "alcohol or dangerous substance".
The Carrier relied upon the testimony adduced at the hearing,
including the Claimant's admission of guilt to assess discipline.
Given the finding of guilt, which is well supported by the
record, and, in consideration of the Claimant's prior record, which
is less than acceptable, the Board has no basis to set aside the
decision of the Carrier.
AWARD
The claim is denied.
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