SPECIAL BOARD OF ADJUSTMENT NO. 924
Award rIO. 45
. Docket-X0<
55
PARTIES Brotherhood of Maintenance of Way Employes
TO : ..
DISPUTE:: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: ."C1aim of the System Committee of the Brpther®
hood that:
(1) The dismissal of Trackman R. J. Sentelik for alleged
violation of Rule G and Rule G'Addition was without
- just and sufficient cause and on the basis of
as
un- °
proven charge. (Organization File 4D-4412; Carrier
Pile 81-84-148-D).
(2) Claimant R. J. Sentelik 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.
Claimant was employed by the Carrier as a trackman at
Ceder Rapids, Iowa. On December 27, 1983, claimant-and another
employe, Dennis Stephen (claimant in Award No. 43) left. the
property for lunch. Sometime after they returned from lunch,.
they both collapsed in front of their vehicles in the Company
parking lot. They were found about 3:00 P.M., taken to a hospital,
at which time claimant allegedly told the doctor that he and the
claimant in Award No. 43, had been sniffing some white powder
which he thought was PCP (Phencyclidine, an hallucinogen commonly
referred to as "Angel Dust"). A subsequent urine test indicated
the presence of Strychnine, a poison which we understand provides
a stimulating effect and is frequently combined with illegal
drugs. Claimaht was instructed, on January 4, 1984, to appear
for hearing on January 11, 1984, on the charge: -
"Your responsibility for violation of Rule G and Rule G'
AdHition 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 and represented.
S~- day
Award Intb.
45
Docket-Nb.
55
Page 2.
Carrier's Rule G and Rule G Addition, referred to
in
the
letter of. charge, pertaining to the use of alcoholic beverages,
intoxicants, narcotics or other controlled substances by employes
were read into the record of the investigation and will not be
repeated here.
4transcript of the hearing, or investigation, conducted
on February 1,` 1984, has been madd a part of the record. Following the investigation, claimant was notified on February 6, 1984,
of his dismissal from service.
We have carefully reviewed the transcript of the hearing
and find substantial evidence in support of the charge against
the-claimant. Claimant s testimony in the hearing simply is not
credible. The claim mill be denied. ,
A W A R D
C1aim~denied.
A A
Chairman, Neutral Member
C rier Member Labor Member
Dated:-cu.~
a9,
~7~.
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