Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No
.7580
SECOND DIVISION Docket No.
7096
2-sPr-MA-'78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
Southern Pacific Transportation Company
Dispute: Claim of Employes:
Claim - Compliance with Rule 34, reinstating Machinist E. L. Gray,
for him to be paid at the current rate of pay for all time lost,
the applicable pro rata rate for all overtime for which he would
have been available had he not been improperly removed from
service. Reinstated with seniority unimpaired, accredited for
the proper vacation qualifying days, with the Carrier making the
proper Railroad Retirement contribution for fall credit, plus
the current prime rate of interest on his lost hours until the
dispute is settled.
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.
This case arose out of the Carrier's discharge of the Claimant for
being under the influence of alcohol on March 31, 1975. An investigation
hearing was held on April
16, 1975
and on April
18, 1975
the Claimant was
discharged. The evidence presented at the hearing tended to show that on
March
31, 1975,
the Claimant was observed in normal condition at
approximately
8:30 A.M.
Later in the morning and at about 1:00 P.M., various witnesses
observed the Claimant had red eyes, swollen lips and eyelids and was
staggering, and slurring his speech. Carrier representatives asked the
Claimant to submit to a blood test, but he refused. On February
26, 1975,
the Claimant was given a letter to confirm an oral reprimand for being under
the influence while at work on February
18, 1975.
Form 1 Award No.
7580
Page 2 Docket No.
7096
2-SPT-rya-
t
78
This Board has reviewed the entire ,record in this case. The evidence
against this Claimant is substantial. The disciplinary action taken by the
Carrier is reasonably related to the proven offense and the Claimant's
past record. This Board cannot find any compelling evidence to show that
the Carrier acted arbitrarily or capriciously in its determination. The
claim, therefore, must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By-d--
o emarie Brasch - Administrative Assistant
Dated
a
Chicago, Illinois, this. 12th day of July,
1978.