Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION BROTHERHOOD OF
14AINTENANCE OF WAY EMPLOYES
VS.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Machine Operator Fred Hess was without just and sufficient cause, and was not supported
by facts.
(b) Claimant Hess shall be restored to service without
loss of compensation, seniority, vacation rights,
and all benefits and privileges allowed him prior
to his dismissal.
OPINION OF THE BOARD
Award No. 1
Case No. I
Claimant Fred Hess was employed by Carrier as a Machine Operator.
On August 28, 1975, he was notified to report for an investigation
to determine his responsibility in an alleged Rule G. violation.
He was charged with drinking beer on Company property while on duty.
As a result of that hearing, Claimant was found guilty as charged
and dismissed from Carrier's service. A review of the record produced
37~s -
611
by the Hearing Officer reveals that Claimant was guilty as charged
and that dismissal from service was appropriate. The record clearly
supports the fact that Claimant was drinking beer while sitting on
a machine on Company property. This is clearly a blatant disregard
of Rule G. ("The use of intoxicants or narcotics by employes subject
to duty, or their possession or use while on duty, is prohibited.")
Removal from service under the conditions present here is appropriate.
AWARD
The claim is denied.
R. E. Dennis, Neutral Member
W. E. Larue, Employe Member R. J,7~' ien, Carrier
Member \
I1ate Adopt on