Award No. L/3
Case No. 47
Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
TO -
DISPUTE: and
CSX Transportation, Inc.
STATEMENT The dismissal of Fuel Truck Operator L. R. Carter
OF
CLAIM: was without just cause and he should be reinstated
with all rights unimpaired and full back pay.
FINDINGS: Claimant was dismissed for being on duty under the
influence of intoxicants and for using a company
credit card to obtain $50 cash for his own personal
use and purposes.
Carrier's findings are supported by substantial
credible evidence. Claimant's testimony is that
he consumed a half gallon of scotch between 2 a.m.
and 3 a.m. on the same morning he reported to his
7 a.m. truck driving assignment. A blood alcohol
test administered by Memorial Hospital at Bain
bridge, Georgia, later that day, at 3:30 p.m.,
showed him to have a 0.22% blood alcohol level.
The record clearly establishes that, by use of a
company credit card, claimant obtained $50 cash
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for his own personal use.
Nothing in this record provides any basis for
compelling Carrier to retain claimant in its employ
against its will. The claim is without merit.
AWARD: Claim denied.
_ Adopted at Jacksonville, Florida, l'htjazC(' ('~ , 1987.
Haro d M. Weston, Chairman
Carrier Member Emp ogee Member
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