Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7631
SECOND DIVISION Docket No. 7177
2-SFr-CM-'78
The Second Division consisted of the regular members and in
addition Referee Robert G. Williams when award was rendered.
( System Federation No. 2-14, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current agreement Carman K. L. Laird, hereinafter
referred to as the Claimant, was unjustly deprived of his service
rights and compensation when he was improperly discharged from
service under date of March
3, 1975
after two (2) years and ten
(10) months service with the Carrier.
2. That the Carrier be ordered to:
(a) Restore the aforementioned Claimant to service with all
service and seniority rights unimpaired, and be compensated for
all time lost retroactive to February
9, 1975
when he was removed
from service.
(b) Grant to the Claimant all vacation rights.
(c) Assume and pay all premiums for hospital surgical and medical
benefits, including all cost for life insurance.
(d) Pay into the Railroad Retirement Fund the maxim amount
that is required to be paid an active employe for all time he
is held out of service.
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 ox 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.
Form 1
Page 2
Award No.
7631
Docket No.
7177
2-Sfr-CM-'78
Claimant was discharged, on March 3,
1975,
following a hearing where .
he appeared under the charge of being under the influence of intoxicants
while on duty in violation of Rule G.
Our review of the record discloses there was substantial evidence
establishing that Claimant was under the influence of intoxicants while on
duty at West Colton receiving yard on February
9, 1975
and thus, the charge
was proven. We need not again repeat in this decision that this Board looks
in disfavor of those employes who risk not only their own lives and safety,
but the lives and safety of their fellow employes and the public by being
under the influence of intoxicants while on duty. It is a serious offense
meriting serious disciplinary action.
Having found substantial evidence against Claimant, we now must
consider the appropriateness of the discharge penalty. Carrier, in its
presentation to this Board, has attached certain documents which it states
are germane to making this consideration. Without addressing that question,
we find that since these documents were not made a part of the record of
the claim during the handling on the property, we will not consider them.
Considering Claimant's previous record, and the fact that this was his first
Rule G violation in his almost three (3) years of service, we think that
the discharge penalty was too severe. We accordingly order that Claimant
b e reinstated, with seniority unimpaired but without pay for time lost. In
so doing, we want to impress upon the Claimant the seriousness of violations
of Rule G, and remind him that this Board generally does not offer reinstatement
to repeated violators of Rule G.
A W A R D
Claim sustained to the extent set forth in the opinion.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
late at Chicago, Illinois, this 31st day of July, 1978.