PUBLIC LAW BOARD N0. 1544
AWARD NO. 52
CASE NO. 66
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employees
and
Chicago and North Western Transportation Company
OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of G. L. Hamilton was improper, unwarranted,
and on the basis of unproven charges (Carrier File No.
D-11-1-351).
(2) G. L. Hamilton be restored to service with all rights
unimpaired and compensated for all time lost."
OPINION OF BOARD:
Claimant G. L. Hamilton was terminated as a result of the same so-called
undercover detective operation which we described in our Award No. 51 (Case
No. 65). For reasons developed mare fully in Award No. 51, the discharge of
G. L. Hamilton must be reversed. Carrier's finding of intimidating witnesses
is void ab initio because Division Manager Koch did not wait to consider the
evidence before passing judgment. The finding of marijuana use and/or
possession is not supported by substantial or convincing evidence on the
record. Accordingly, the claim must be sustained.
FINDINGS:
Public Law Board No. 1344, upon the whole retard and all of the evidence,
finds and holds as follows:
2
1. that the Carrier and Employee involved in this dispute are,
respectively, Carrier and Employee within the meaning of the Railway Labor
Act;
2. that the Board has jurisdiction over the dispute involved herein;
and
3. that the Agreement was violated.
AWARD
Claim sustained, with damages consistent with
Rule 13(d) of the Agreement. Carrier is to
comply with this Aware within thirty (30) days
of issuance.
Dana E. Eisch~C~i ~an
H. C. Harper,'rEmploy a Member R. W. Schmiege, Car ez Member
Dated:
