Org. File 1732-57-8584
Co. File TRN W-5-58
SPECIAL ADJUSTMENT BOARD N0. 18
(Train Service Panel)
PARTIES TO DISPUTE: United Transportation Union-
Decision No. 5748
Case 1140
Supplemental List No. 91
Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: Request of Brakeman Richard M. Harmon,
Coast Division, for reinstatement to service
with seniority unimpaired and for replacement of wage loss
resulting from his suspension from. service on September 30, 1985
and his dismissal from service on October 29, 1985 because of
his alleged violation of Rule 801 of the Rules and Regulations of
the Transportation Department which occurred on September 30,
1985.
STATEMENT OF FACTS: On October 1, 1985 the Carrier directed the
aiman U-to a en an investigation. The notice read in
pertinent part as follows:
"You are hereby notified to be present at the Office of the
Terminal Superintendent, 515 Bay Street, Oakland at 10:00
a.m., Friday, October 4, 1985 for formal investigation
. being held to develop the facts and place responsibility,
if any, in connection with your alleged refusal to give a
urine specimen for a toxicological test as instructed at
6:05 am, September 30, 1985 by Assistant Trainmaster M. G.
Quihuiz at Watsonville. The aforementioned toxicological
test was required of crew members of the 01 RVWJY-29
of
which you were the conductor and brakeman respectively,
which derailed at Milepost 49.5 which may be in violation
of
Rule 801, that portion of the first paragraph reading:
"'Employees will not be retained in the service
who are . . insubordinate . . .'
"of the Rules and Regulations
of
the Transportation
Department, Southern Pacific Transportation Company.
"You are entitled to representation and witnesses in
accordance with your agreement provisions.
"Any request for postponement must be submitted in
writing to the undersigned, including the reason therefor."
Subsequent to the investigation, the Claimant was
dismissed. On April 21, 1986 the Carrier offered the Claimant
reinstatement without time lost but without prejudice to his
A
u
' Decision No. 5748
right to progress a claim to the Board for lost earnings. The
offer was rejected.
FINDINGS: The Board finds, after hearing upon the whole record
an'a'all-evidence that the parties herein are Carrier and Employe
within the meaning of the Railway Labor Act, as amended, that
this Board is duly constituted by Agreement and it has jurisdiction of the parties and the subject matter, and that the parties
were given due notice of the hearing held.
DECISION: The Claimant here was Conductor Hamilton's Brakeman
nnanincident covered by Decision N0. 5749.
. For reasons set forth in that decision, the Claim here is
sustained to the same limited extent. _
bTTbert
H.
Vernon
Chairman and Neutral Member
. Torrey, Carrier nemqer
n a ag er, mp oy a
bev
Dated this day of ~~
rR $ l
San Francisco, alifornia.