SPECIAL BOARD OF ADJUSTMENT'N0.
924
AtTTard No. 4'
PARTIES:: Erotherhood of Maintenance of Way Employes Docket No. 4
TD- t.
DISPUTE:. Chicago and North Western Transportation Company
STATEMENT-OF CLAIM':. Claim-of the System Committee of the Htotherhood
that:
(1) The-forty=fiven(45) day suspension assessed !i. J. Hill `
for allegedly bringing discredit to the Company was without just and suffiaient cause and on the,:basis of unproven charges. (Organization Eile
4D:3217;
Carrier
File
IT-11-3-374):.
(2)~
Claimant M-. J. Hillishall have his record cleared and be
compensated for all wage loss suffered."
FINDINGS-:
The Board, upon the whole record'and all the evidence, finds
and holds that the employes and the Carrier involved, are respectively
employes and Carrier within the meaning of the Railway Labor Act, as
amended, and: that the Board has jurisdiction over the dispute herein.
Claimant'-was employed as a trackman orr.Carrier's Tie Gang
?13.
On July
26, 1982,
a thug search was conducted at Denison, Iowa,
involving the tie gangs working-i;rthat area. -The search was made
by Carrier°s Special Agents and membermof the aenison!-P.olice Department, withf,.a specially trained Police dog.
A search made of claimants personal vehicle, which was
parked'on a public street in the vicinity of the-depot; revealed
some marijuana and marijuana seeds, Claimant was arrested; and removed from Carrier's service. He was charged on. July
28, 1982,
with investigation scheduled'for August
4, 1982,
with:,
"Your responsibility in connection with bringing-dis-
credit'to the Company at Denison, Iowa on^July
26, 1982."
The investigation was conducted as scheduled, and a copy
of the transcript has been made a part of the record. A review
or
the transcript`shows that the investigation was conducted in a fairand impartial manner.
Rule
7
of Carrier's General Regulations and Safety Rules
reads::
"Ekployes are prohibited~from being careless of the
safety of themselves or others, disloyal, insubordinate, dishonest, immoral, quarrelsome or otherwise vicious or conducting
themselves in such a manner that the railroad-will be subjected
to eriticism-and loss of good will; or not meeting their personal
obligations."
56A 9aY
Award No. 4
- Do~ ~g_ o. 4'
There was substantial evidence adduced at the investigation
that the claimant did have marijuana and marijuana seeds in his
personal vehicle. It was also established in the investigation that
the Denison, Iowa, rrewspaperr reported claimant's arrest` on the drug
charge and identified-him as an employe of the Chicago and North
Western^.firansportation Company. We find. therefore,. that claimant's
actions on July 26, 1982, did bring discredit to the Carrier.
Discipline was warranted'and the forty-five
(45)
days suspension
assessWclaimant was not arbitrary, capricious,or unreasonable:
The fact that claimant was acquitted'by civil authorities of the
charges arising from his arrest has no bearing on Csrriergs right
to impose discipline. Many amrards of the National Railroad Adjust=
ment`Board have adhered to the principle that a C'arrier's right to
discipline an employe is unrelated to the actions of criminal orr
civil courts.
A W A H D'
Claim denied.
airman, Neutral Member'
rier MemiSer: Labor Member.-
DATE::-. ~~
t