SPECIAL BOARD OF ADJUSTMENT.NO. 924
· Award No. 43
Docket No. 47
PARTIES: Brotherhood of Maintenance-of Way Employes
TO = ..
DISPUTE': Chicago and North Western Transportation Company
STATEPENT'OF CLAIM: "Claim of the System Committee of the Brotherhood that::
(1) The dismissal of Trackman D. C". Stephen for alleged
violation of Rule G' and Rule GAddition was without just
and'sufficient cause and on the basis of an unproven
charge. (organization File 4D=4.411; Carrier·FIle 81-84.147-D) .
(2) Claimant D. C. Stephen shall be allowed the remedy prescribed in Rule 19(d)."
FINDINGS:
This 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.
On December-27, 19831, claimant was employed as a trackman
at Cedar Rapids, Iowa, having come on duty at 7:30 A.M.. Sometime
after returning to work from lunch, claimant and another employe
(involved in another dispute before this Board) collapsed~in
front of their vehicles, which were parked in the CCbmpanv parking
lot. The two employes were found about 3:00 P.M., taken to a
hospital, at which time the other employe involved allegedly told
the attending physician that he and claimant had been sniffing
PCP ~Phenoyvlidine, an hallucinogdn commonlv referred to as "Angel
Dust'). A subsecuent urine test revealed the presence of Strychnine,
a poison which we understand "produces a stimulant effect, and is
commonly used in connection with illegal drugs. On January 4., 1984,
claimant was notified to appeal for hearing, scheduled for January
11, 1984. on the charge:-
"Y6ur responsibility for violation of Rule G and Rule
Addition while on Company property at Cedar Rapids, Iowa
on the afternoon of December 27, 1983."
The investigation, or hearing, was postponed and rescheduled
for February 1, 1984·, at which time claimant was present, represented,.
and had a witness present in his behalf.
s,3~- 9~ `i
Award No. 43
Docket No. U7
Page 2.
Carrier's Rule G: and Rule-G Addition, referred-to in
the letter ofrcharge, pertaining to the use of alcoholic beverages,.
intoxicants, narcotics or other controlled substances, were
read into the record of the hearing and need not be repeated
here.
·A transcript of the rather lengthy hearing conducted
on February 1. 1984, has been made a part of the-record. Following the investigation, claimant was notified-on February 6, 1984,
of his dismissal fl-om service.
We have carefully reviewed the transcript of the hearing,
and find substantial evidence in support of the charge axainstclaimant. Claimant's testimony in the investigation simply is
not credible.
The claim wtll be denied.
A W A & D
Claim denied.
J - ~ j
rrier Member- Labor Member
DATED: -r
a9 , I
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