Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+00
SECOND DIVISION Docket No. 72+1
2-C&O-FO-f77
The Second Division consisted of the regular members and in
addition Referee Herbert Z. Marx, Jr. when award was rendered.
( System Federation No.
4,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That under the current agreement Oscar S. Waiters, Laborer, was
unjustly dismissed from the service of the Carrier effective
February 9, 1975.
2. That accordingly the Carrier be ordered to reinstate Oscar S.
Waiters with seniority unimpaired, made whole for all wages
lost from February 9, 1975, protected for health and welfare
rights, Railroad Retirement benefits, vacation rights, and all
other benefits of the agreement be protected from February 9,
1975, date held out of service.
3. That the Carrier be ordered to pay Claimant
6%
interest annually
on the wages lost.
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 is 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.
Claimant, employed by the Carrier since 1963, was dismissed from service
on February 25, 1975, for "reporting for duty
... in
an unfit condition,
apparently intoxicated to the extent you were unable to perform the duties
of your regular assignment."
The dismissal followed an investigative hearing which was conducted in
a fair and impartial manner.
Form 1
Page 2
Award No. 7.00
Docket No. 72+1
2-C&O-FO-'77
After review of the full record, the Board will restore the Claimant
to service with his seniority rights unimpaired but without any pay for tune
lost, subject to the following conditions:
2.
The Claimant shall satisfactorily pass a return to service
physical examination and shall be subject to periodic~medical
review for the following 12 months.
Claimant shall participate in a joint meeting with the Assistant
to the Shop Superintendent, ox his designee, and the Local
Chairman fox the purpose of reviewing Claimant's work record. and
having a thorough understanding of the Carrier's rules and
Claimant's obligations thereunder.
3.
Claimant shall clearly understand that this is his "last chance"
and that if he desires to continue to work as an employe of the
Carrier, he must comply with Carrier's rules.
A W A R D
above.
Claim sustained, subject to limitations specified in "Findings"
NATIONAL RAILROAD ADJUSTMENT
BQAM
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment
Board
By_~ -~w.ww~_,~
osemaxie
Brasch - Administrative Assistant
Dated
at Chicago, Illinois, this 2nd day of December, 1977.