Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7056
SECOND DIVISION Docket No. 6938
2-SP-MA-176
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Association of Machinists and
( Aerospace Workers, A. F. of L. - C. I. 0.
Parties to Dispute: ( District No. 19
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Machinist P. W. Caxletti
(hereinafter referred to as Claimant) was unjustly dismissed
from the Carrier's service on June 24, 1974.
2. That, accordingly, the Carrier be ordered to restore Claimant
to service with seniority and service rights unimpaired,
including insurance benefits, and with compensation for all
wage loss from date of dismissal to date of restoration to
service.
Findings:
The 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.
The Claimant, Mr. P. W. Carletti, was charged with responsibility
for being under the influence of intoxicants while on Carrier property at
approximately 10:50 P.M. on June 3, 1974 in violation of Rule G. A formal
hearing was held on June 18, 1974. The Claimant appeared at this hearing
and was very ably represented by the Local Chairman and Committeeman. After
the hearing, the Claimant was dismissed from the service of the Carrier on
June 24, 1974.
We have studied the entirety of the record before us and conclude that
the Claimant was given a fair hearing and was guilty as charged. We fipd,
however, that the discipline of dismissal under the narrow, narrow circumstances
of the specific record before us is excessive. Thus we shall reinstate the
Claimant without back pay but with all other rights unimpaired: claim for
insurance benefits is denied as per a long line of awards. The Claimant should
Form.l Award No. 7056
Page 2 Docket No. 6938
2-SP-M&-176
realize that this most certainly is the final opportunity he will have to
stay in the service of the Carrier; and he should do ail in his power to
avoid any circumstances that might lead to his irrevocable dismissal, including
seeking professional evaluation and counsel concerning the use of intoxicants.
A W A R D
Claim sustained in part, a.s per Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: .Executive Secretary
National Railroad Adjustment Board
By
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Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of Vsy, 1976.