C:\AWARDS\OUT\2-06410.htm

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~rorm 1 NATIONAL RAILROAD ADJLS TMENT BOARD Award No. 6410
SECOND DIVISION Docket No. 6260
2-SPT(T&L)-EW-' 72_ The Second Division consisted of the regular members and in addition Referee Irwin M. Lieberman when the award was rendered.

( System Federation No: 152, Failway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to, Dispute: ( (Electrical Workers)

Southern Pacific Transportation Company (TL-xas & ( Louisiana Lines)

Dispute: Claim of Employes:

1. That the Southern Pacific Transportation Company unjustly, improperly and without just cause removed from the service of the Carrier Electrician E. L, Bayless.

2. That, accordingly, the Carrier be ordered to reinstate Electrician E. L. Bayless to his former position with seniority rights unimpaired and that he be compensated for all --ages lost beginning May

28, 1971

and continuing until such time as he is properly restored to service, plus six per cent

(6%)

interest per annum of the amount due and all fringe benefits attached to his former position.

F ~.~dinp,~ Tine Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant in this case was dismissed on June 15, 1971 for violation. of Rule 10 in that he was alleged to have been under the influence of intoxicants while on duty. The incident in question occurred. on May 28, 1971 and the investigation was held on June 10, 1971, resulting in the dismissal. The transcript of the hearing held. on June 1G, 1971 indicates a painstaking effort on the part of the hearing officer to afford Claimant and his representatives a fair and impartial hearing. Claimants position n.s that he was under medication . scribcd by hin doctor and not under the influence of intoxicants as alleged by the ,rier. R»lP 10 of the Roles for Employees of the Mechanical Department states Form 1 Page 2 -Award No. 6410 Docket No. 6260

2-SPT(T&L)-EW-'72'C

"10. USE OF

LIQUORS

- The use of intoxicants or narcotics by employes subject to duty is forbidden. Being under the influence of intoxicants or-narcotics while on

duty

or their use or possession while on duty, is sufficient cause for dismissal." ..

The record of the hearing indicates that it was not only well conducted, but that substantial evidence was adduced in support of the cIzarge. We find no fault, therefore, with the process in the handling of this.disciplinary situation. There remains, then, the question of whether the penalty imposed by the Carrie was arbitrary or unnecessarily harsh. We recognize that the Rule ;cited above permits discharge for this type of violation. But the Claimant had. almost twenty-two years of service, was 64 years old and apparently had an unblemished record with the Carrier. It is our judgement, based en these facts that the penalty "did not fit the c~arze"-= . '
that it was unnecessarily harsh. Since the Claimant had. some medical problems just prior to his.dischargq, we shall condition his reinstatement on his beinE~ physically able to perfonr..his Job; we shall grant the Carrier the option of requiring &'-medical examination to make this determination. _:: AWARD 1. Claimant shall be reinstated, with seniority rights unimpaired, but"%rith `. no back pay. ,. . _ _

2. The Carrier may, if it so desires, require a medical examination prior to reinstatement in accordance with the Findings above.

NATIONAL RAILROAD ADJL3STM1Vr BOARD By Order of Second Division' - Attest: ~ ~ ~-·~.~r , e-t E::ecutit=e Secretary Dated. at Chicago, Illinois, this 21st day of November, 1972.