Form 1 NATIONAL RAILROAD ADJUSTMENT BOAR Award No.
7528
SECOND DIVISION Docket No.
7317
2-CR-EW-`78
The Second Division consisted of the ,regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Carrier dismissed Electrician Richard A. Mangus and
removed him from service on July 10,
1975.
2.
That., accordingly, the Carrier be ordered to restore him to
service with all seniority rights unimpaired and with pay for
all time lost retroactive to aforesaid date.
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 w=ithin 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.
Claimant was employed as an electrician at Carrier's M. of W. Repair
Shop at Canton, Ohio. On July
2, 1975,
he was observed "acting in a
strange manner" and was interviewed by the Shop Superintendent in the
presence of witnesses including the Shop Committeeman. As a result of the
interview, claimant was asked to take and voluntarily submitted to a blocd
alcohol test, the results of which showed him to be under the influence of
alcohol. Following the completion of a formal investigation on the charge:
"Being in an unfit condition to perform your duty as
Electrician at approximately
8:25
AM, July
2, 1975,
Violation of Safety Rule
3002
(a) (b) (c)."
claimant was dismissed from sercrice.
I
Form 1
Page 2
Award No. 7528
Docket No. 7317
2-CR-EW-'78
From our review of the record in this case we are convinced that
petitioner's contentions relative to claimant not being afforded a fair
and impartial trial have no basis in fact. Both claimant and his representative had ample opportunity to ,present any testimony they desired. They
accepted without objection the several statements which were made part of
the record. They had opportunity to and did cross examine any of the
witnesses present. Their contentions in this regard are therefore denied.
From the record it is -apparent that claimant had a clear discipline
record, a good safety record and, according to his Shop Superintendent,
"was an excellent electrician". There is testimony which alludes to two
prior instances where claimant was verbally warned about possible use of
intoxicants, but no ,record exists on these encounters.
From the total record in this case, while there is evidence to show
that in this instance claimant was indeed in an unfit condition to work on
July 2, 1975, it is our opinion that the discipline as imposed by Carrier
has served its purpose. We therefore rule that claimant be returned to
service with seniority rights unimpaired and the time he has been out of
service will be counted as suspension without pay for his dereliction. The
claimant must understand, however, that this is his final opportunity to
prove that he is indeed "sorry" and that he will correct his improper
conduct and live up to his obligation to his employer.
A W A R D
Claim sustained to the extent indicated above.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
os
arie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of May, 1978.