Form 1 NATIONAL RAILROAD ADJUSTMEPU BOARD Award No. 7508
SECOND DIVISION Docket No. 7430
2-BNI-EW-'78





Parties to Dispute: ( (Electrical Workers)



Dispute: Claim of Employes:





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.



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.