award
14.79
came
w. iss
Public Law Board No. 17l3
a
Transport Workers Union
and
i
pwtioaai Railroad pasasaqes aerporatioa
M or
CLUNt
bpratI exam dismissal of arias Zones, a
GONE",
OR
QX%4W
;0
11079
· pb September a, 1947. at about
ltio p.a..
aoaoraial ti
the testimony of Foreman Surface and Supervisor stooalin. they
observed olaiaant seated in a chair at the pipe fitterva table
is the Truck Shop with his feet on a chair, eyed closed and
stair leaned back. They testified that he appeared to be
asleep dad did not move when Mr. surface spoke to him, but
awoke rhea Kra surface moved his log. Surface testified that
siaiaaat appeared to be asleep in the chair about five minutes
before Kra Surface want to briny Hr. stooltlin to the scene.
Claimant vas taken to the mursefs office where be vas
sabjlsted to urinalysis. The test resulted in a positive
ssaf1sastioa for oannabinoids (marijuana).
After a hearing vas bold upon due notice, alaixant vas
dismissed for i) violation of Rule
a
duo to big leappearanesN
at use
of a
need clanging substance while em duty on the
afternoon of September 1, 1987, and a) sleeping
On
luty
earlier that afternoon.
Claiaalt, who represented himself during the hearing, did
not deny the charges brought against bin. We are_unispressed,
so far as his dismissal is concerned, with his contention that
drug reago is frequently used in the work area. no contention
or evidence that he has preoontsd explains away his Rules
violations and actions in this oaos. Re has made no timely
effort to avail himself of Replays* Assistance Program
servisee.
y
!here is no sound basis on this record for setting aside
or a"ifying the discipline of dismissal.
claim denied.
kdopted at Washington, DC,
~/-v-c"~ 14, , its$
.
R old Wutoa, ha'
A:adaxl~Ar
member . Rsployse Member
L.I
2