f,`W°D -!O . 67
 CASE NO. q3
 PAP TIE~3TO TII F DI >P11TZ
,hicago a.n°1 rIorth 1!es tern Tr ansnortation Comoa.ny
 ST%°'°''='1F',I-T OF Cl_AIi1


          ··('! ) The Jismis .'_ of Marhine Onerator z.D. Jones was without just: an I wuff-ident cause an j i-lho'tly di.snroportionatn 'ko the alle-·ed offense.


"(2) Machine Onerrtor .Jones fee allowed to return to hi.:,
 former Position with all rights uniroaired and com
 oensated for all lost time as a result of the vio
 13ti cn referrP ; to in tart one (1) of ::his cl aim.'*
 OP-~;.~-Cnr,) nF ~,r~f~.?r3
 A4 the time of the allore-J violation, Claimant i:.J. Jones was rec-ularl4y assignet_I as a machine onerat.or in the Track Denartment at Council uluf f.;, Iowa, working from 7:30AM to 4:00Pt4. He was hired as a trackman on ~.^arch 1-0, 1973. On Piavsmber 18, 1973, Claimant reported for work at his usual time. At or about 10:OOA"A 01ra.;l)irnan t left the nrooertv and was subsequently encountered at a nearby tavern on or about 3:20PfI of the same day.

      On Nov-tuber 'i7, 197^, Claimant was issc.,e,! :. notice to


appear for hearinn to jetermine.,

      "Your responsibility in connection with your actions when

      you were at the Dirty Thirties Sar, !-,venue n, Council Bluffs,

      Iovja at 3:21)Prl or, "lovember 1>, 10070, in violation of Rule G

      of the general Penulations and Safety R,u l es effective ,June


      'f ,1'3 9 7 . 1 '

No. 148, indicating d

 General Regulations and Carrier Rule ?.1 states:

 y'C. The use of alcoholic beverages or, narcotics by
 employes subject to duty is prohibited. Being
 under the influence of alcoholic heverapes or
 narcotics while an cuty or on Company property
 is prohibited. The use or possession of alcoholic
 beverages or narcotics while on duty or an Company
 property is arahiuited,"

 ndisoutec' on

 at the tine he was

 ey in order for Claimant tu have violated

 aan that he was "on duty_ or "subject to

 f the alleged violation.

 that Claimant was on duty because even

 ion 'From Foreman !'?enninrhaff

 Safety Rules, as of Decembe

 Discipline

    ule G of the


r "15y 197.

 becuase it is off Company property an alcoholic beverap Rule G it must be s

 duty" at the time

 Carrier asserts

 if, arnuendo, he received oerrniss

 to lay off, the latter had no authorit

 However, the pasted bulletin suhriose

 Roadmaster as sale authority refers only t

 the rec

 and that Cla

 encountered consuming

 irnant teas

 y to errant such permission.

 dly establishing the

 0 ore-starting time

 lay offs due to absence or tardiness. It is apparent from

 a review of the transcript, moreover, that

 teas somewhat confused in fioadmaster A.C. `.r?il.^,anys absence. The Organization argues that Claimant obtained permission from Foreman Wenninghoff as his immediate suvervisor, which Mr.',r7ennirighoff somewhat reluctantly admits granting. Further, as the Organization points outs both Claimant and Mr. !'lemming-

                                                  ,


haft testified that they believed that the Fore:-;?n had the authority to ?rant such permission; especially when the Raad-

 master was away from his office a

 the line of authority

 s he eras on the day in question.
 1,1e are persuaded that Carrier cloaked the Foreman with apparent authority which he exercized to authorize Claimant's absence. Carrier cannot subsequently disavow that authority and invalidate/ that authorization after Claimant has relied upon apparent authority to his detriment. !Je find that Claimant vas not "on duty" on the afternoon of November 16, 1973. Accordingly the finding of a, Rule C violation was in error and the claim must be sustained.

      Public Lava Board No. V344, upon the whole record and


evidence, finds and holds as follows

 1 . That the Carrier and Employe involved in this dispute are, respectively, Carrier and Emoloye within the meaning of the Railway Labor Act;
 2. that the Board has jurisdiciton over the dispute involved herein; and

      3. that the Agreement was violated.


                        At1A?D

The claim is sustained. Carrier is directed to comply with this Award within thirty days of issuance.

 Dana E. Eison eh-,__Cha,i~rrcan

 H.C. Harper, Emoloye Member

 Dated ~~G.~ ZS,I ff-rJ
                T


R.,.~I. Schmiege, Carrier lember