Form 1 NATIONAL RAILROAD ADJUSTMEPU BOARD Award No.
7508
SECOND DIVISION Docket No. 7430
2-BNI-EW-'78
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current agreement Mr. T. S. Schend,
Electrician Wireman, Havre, Montana, was unjustly dismissed
from service of the Burlington Northern Inc., on January 30,
1976.
2. That accordingly, the Carrier be ordered to compensate Mr. Schend
for all lost time together with restoration of any lost vacation
time, holidays, sick pay or hospitalization benefits and any
other rights, privileges, or benefits he may be entitled to
under schedules, rules, agreements or law and that the dismissal
be removed from his personal record.
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 was a lead electrician with eleven years service, headquartered at carrier's facility located in Havre, Montana. On January 28,
1976, claimant, along with an electrician wireman from his same crew, left
Great Falls having completed their work assignment that day. They were
driving a carrier vehicle and they stopped for some shopping in Great
Falls and proceeded to Big Sandy to relax and spend several hours at
Butch's Bar in Big Sandy. Claimant maintains he had only two drinks at
the bar. An employee of the bar approached claimant and asked him to drive
her home in her car to Havre because she suffered from night blindness.
Claimant,complied and left the carrier vehicle in the custody of the
electrician wireman. Thereafter, the latter was stopped enroute to Havre
for speeding and still later the vehicle was demolished when it ran off
the road. The driver was hospitalized for minor injuries. The claimant
Form 1
Page 2
Award No. 7508
Docket No. 7430
2-BNI-EW-'78
is accused of violating Rule G which deals with consuming alcoholic
beverages. There is no contention that claimant was authorized to drive
at night after hours although it appears this was a practice. In addition,
claimant does not maintain he was authorized to hand over custody of the
vehicle to another employee. It is alleged the vehicle brakes and steering
were defective prior to the accident, however, these were checked after
the accident and found operable. Following a hearing claimant was dismissed
from service. His prior record is clear and he is acknowledged to be a
good worker.
We have reviewed the contentions here and we have thoroughly reviewed
the evidence, including the chronicle of their activities in Big Sandy.
It is our conclusion there is ample basis for carrier to take severe
action in this case. On various counts this claimant was wrong, and he
admitted as much in his testimony. Rule G requires broader application
than the organization contends and this is supported by the awards of this
Board. See Awards 235 (Lane) and First Division Award 15 029 (Whiting).
However, we are moved by his prior record and ser-,rice and we conclude
there has been punishment enough in that he has been removed from service
for an extended period.
There can b e no argument that operating a carrier vehicle following
drinking can have serious effects for those involved, the carrier and the
public. Such practices must be condemned and the carrier is acting correctly
when it takes severe action lest the impression be abroad that it will
tolerate such conduct in any form. This employee was not driving the
vehicle, but he was courting disaster when he sat down in a bar for several
hours and then turned custody of a carrier vehicle over to his drinking
companion. All that followed places a degree of fault on his shoulders.
The offense is serious but for his prior clean record his dismissal would
be affirmed. The claimant is to be warned that should any recurrence of
this conduct take place the carrier would be amply justified in taking
disciplinary action up to and including discharge. The claimant should be
reinstated, seniority unimpaired, with no back pay.
AWARD
Claim is sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
iarie Brasch - Adrninistrati.ve Assistant
Dated at Chicago, Illinois, this 14th day of April, 1978.