F orm 1 . NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7636
SECOND DIVISION Docket No.
7497
2-C&o-EW-·78
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered.
( System Federation No. 4, Railway Employes'
( Department, A. F of L. - C. I 0.
Parties to Dispute: ( (Electrical Workers).
(
( Chesapeake and Ohio -Railway Company
Dispute: Claim of Employes:
1. That the Chesapeake and Ohio Railway Company unjustly dismissed
Electrician Robert I. Sixois from service on June 15,
1976.
2. That, accordingly, the Chesapeake and Ohio Railway Company be
ordered to restore Robert I. Sirois to service with his seniority
rights unimpaired.
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.
Claimant Electrician prior to the discharge here in dispute had been
employed by Carrier for nearly nineteen years. As the result of an
investigation held on May
19, 1976,
in connection with a charge of excessive
absenteeism during the year
1975
and the year of
1976
to hearing date,
Claimant was adjuged guilty as charged and dismissed from service as
discipline therefor, June
15, 1976.
The Board finds that contrary to the procedural objections interposed
by the Employees, Claimant was accorded due process.
There was sufficient evidence to support carrier's conclusion as to
Claimant's culpability on the charge of absenteeism.
Form 1 Award No.
7636
Page
2
Docket No.
7497
2-C&O-EW-'78
However, there were circumstances present which serve to mitigate the
discipline assessed. The record reflects that Claimant, a military veteran,
and holder of
19
years seniority, suffered from alcoholism which apparently
was the reason for his absenting himself from service on the basis of
safety for himself and others. The record further reflects that Claimant
recognized his problem, admitted to it and had joined an Alcoholics
Anonymous program, including counselling at the Veterans Administration,
just prior to his termination. Carrier as an enlightened and progressive
employer, has instituted a social counselling program to help employees
with this affliction. The Board recognizes that Carrier's counselling
program is totally independent of its disciplinary procedures and any
employees rights acquired under a labor agreement. Such separation, like
church and state, gives recognition to the essential fact that those
individuals who suffer from alcoholism must first want to help themselves
before they can be motivated to change the direction of their lives through
daily total alcoholic abstention. Here, although Claimant did not use
Carrier's social counselling program, he did recognize his problem and take
steps, albeit belatedly, to correct it. He did want to help himself.
Consequently, we find that the discipline assessed Claimant has now served
its purpose. Claimant shall be .reinstated to service with his seniority
rights unimpaired but without any pay for time lost subject to the following:
that after passing the usual return to service physical examination and
although not necessary, Claimant is to be placed on notice, preferably in
the presence of his committeeman, that he has an obligation, contractual
and otherwise, to Carrier to perform service on his assignment during the
required hours thereof and that any reversion to the behavior which led
to his discharge will, after a hearing thereon, again provide Carrier with
sufficient cause to permanently terminate his employment relationship.
Whether Claimant continues his employment with the Chesapeake and Ohio
Railway Company is the responsibility of Claimant. His destiny and
continuance of the abstention program started is dependent solely on
himself hereafter.
A W A R D
Claim sustained as per findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National. Railroad Adjustment Board
By L-.-
oslemarie Brasch - Administrative Assistant
Dated atl Chicago, Illinois, this 31st day of July,
1978.