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

        Parties to Dispute: ( (Carmen)


                          Southern Pacific Transportation Compaq

                          (Pacific Lima)


        Dispute: Claim of Employer:


                1. That under the current agreement Car Inspector P. A. Camorre hereinafter referred to as the Claimant., was unjustly deprived of his service rights and compensation when he was improperly discharged from service wader date

                . of January 17, 192 after twenty-six (26) years service with the Carrier.


            2. That the Carrier be ordered to:


                (a) Restore the aforementioned Claimant to service with

                all service and seniority rights unimpaired., and be

                compensated for all time lost retroactive to December

                24j, 1971 when he was removed from service peeling hearing

                sad subsequently dismissed on January 17.. 1972.


                (b) Grant to the Claimant all vacation .rights.


                  (c) Assume ate. pay a71 premiums for Hospitals surgical and medical benefits including all cost for life insurance.


- (d) Pay into the Railroad Retirement fund the maximum
            amount that is required to be paid an active employs

            - for all time he is held out of service.


        Findings:


        The Second Division of the Adjustment Board.. upon the whole record and all the evidences finds that:


        The carrier or carriers and the employs or employee involved in this dispute are respectively carrier and employs within the mewing 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.

Form 1 Award No. 6739
 Page 2 Docket No. 6437
                                      2-sPT(1'L)-CM-'74 "r'"


Claimant, a Local Chairman, was dismissed from service after investigation and hearing relative to a charge of violation of Rule "G". At the time of his dismissal, Claimant had been in Carrier's service for some 26 years. During this period Claimant had been previously disciplined for minor infractions resulting in 90 demerits.

    Claimant was charged with


        "allegedlry being under the influence of intoxicants while on duty at Los Angeles, December 24, 19'Tl, for which occurrence you are charged with responsibility, which may involve violation of Rule G of.-the General Rules and Regulations."


The Organization contends that Carrier has failed to prove that (1) Claimant was on duty, and (2) that he was under the influence of intoxicants.

 The hearing transcript of some 314 pages substantially supports the charges made by Carrier. Numerous Carrier officials who were in contact with Claimant on the claim date testified that Claimant was intoxicated. Claimant was described as "not normal," "odor of intoxicants on his person," "eyes appeared to be blood-shot, glassy, sad he appeared to have difficulty in focusing his eyes," "speech was thick and slurred and walk was unsteady," and that his clothing was "disheveled".

 Claimant presented fellox.employes who testified that in their opinion Claimant was normal in every respect, and that there was "nothing unusual nor say actions that were not proper".

 The Board is satisfied that there was substantial evidence in the record both as to Claimant's being on duty and his state of intoxication to support Carrier's charge.

 Despite the fact that the occurrence took place on fhristmas Eve day, Claim Is misconduct constituted gust and reasonable grounds to discipline Claimant. However, the Board. is persuaded that in view of Claimant's virtually unstained employment record of 26
 years, dismissal
 from service was excessive Carrier, therefore, is ordered to
 reinstate Claimant to ser ce with full seniority rights. But Clai.maat
 shall not be entitled to compensated for time lost or vacation pay,
 nor shall he be entitled to insurance premiums or payment into the
 Railroad Retirement puce..

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