C:\AWARDS\OUT\2-07095.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7095
SECOND DIVISION Docket No. 691.0
2-L&N-FO-'76

The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

( System Federation No. 91, Railway Employer'
( Department, A. F: of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
(Louisville and Nashville Railroad Compaay

Dispute: Claim of Employes:

1. That under the current Agreement, Service Attendant J. E. Armstrong

was unjustly suspended from service by Louisville and Nashville

Railroad Company at Radnor Shops, Nashville, Tenn., on Dec. 15, 1973,

and after a summary investigation on Dec. 28, 1973, was dismissed.

2. That accordingly, the Carrier be ordered to restore Service

Attendant J. E. Armstrong to service with his seniority rights, all

fringe benefits lost all Health and Welfare benefits lost and

compensated for all time lost at pro-rata rate of pay.

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 ox employer involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 193+.

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, J. E. Armstrong, a Service Attendant with twenty-five years of clear service was dismissed from service on January 11, 197+, based on evidence brought forth at a formal investigation that the Claimant was asleep and under the influence of intoxicants while on duty about x+:00 P.M., December 15, 1973. The Claimant was very ably represented at the formal investigation held on December 28, 1973· Claimant and his representatives were allowed to present their witnesses and question company witnesses. We find that the Carrier has met its burden of proof in the instant case with substantial evidence. However, based on the narrow circumstances contained in this record, we find that the discipline of dismissal is excessive. We require then that the Claimant be reinstated to service with all seniority rights restored, but without back pay. Claims for Health and Welfare benefits is denied as per a long line of Awards.
Form 1 Award No. 7095 Page 2 Docket No. 69.0 2-L&N-FO-'76

A W A R D

Claim sustained to the extent indicated in Findings. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board By osemarie Branch - Administrative Assistant Dated at Chicago, Illinois, this 14th day of Julys 1976.