Foam 1 NATIONAL RAILFOAD ADJIJSTT~IENT BOARD Award No. 7715
SECOND DIVISION Docket No. 75-8
2-GTYd-FO- ` 7a

the Second Division consisted of the regular members and in addition Referee Irwin M. Lieberman when azrard eras rendered.

( System Federation No. 92, Railway ELqployes `

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Firemen w Oilers)

( Grand Trunk Western Railroad Company

Dispute: Claim of 1,n.ployes:

1. That under the current agreement Sa~:nzel Green, Laborer, was unjustly dismissed from the service of the Carrier effective August 19, 1976.

2. That accord.ingly the Carrico be ordered to reinstate Sannael Green with seniority ur_:ir:Tair°ed, made z-r1nole for all wages host from .'bu--as t 1.9, 1J'76, protected for health and relare xights., Railroad uE:'C::LY'E:ment -6enefits, vacation wiEhts, and all other benefits o' the agreement be protected from AuZu.st 19, 1 976, date dismissed from service.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all -the evidence, finds that:

The carrier ox careiers and the employe ox employer involved in this dispute axe respectively carrier and employe vrithi n 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 herein z~a,s discharged fox violation of Carrier Rule 26(a) which prohibits the use of intoxicants by employees sub;;=ct to duty o?° their .possession or use while on duty.

Carrier witnesses at the investigation testified that at approximately Td:10 P.M. on August 18, 170, .bout an hour after his starting time, Claimant was obsexwed by two supervisors as being unsteady on his feet and having slurred speech. Both witnesses noted the odor of alcohol on Claimant's breath. Upon being asked if he had been drin':ing on duty, Claimant replied "no"; he gave no, response to the question of whether or. not he had been c3.rinT;.i ng prior to coming on duty. The supervisors asked Claimant whether he would go to the hospital and submit to a blood test. He xei'used to go to the hospital and was seat home.
Form 1 Award No. 7m,
Page 2 Docket No. 75'+3
2- _I'TW-FO-''l8

Claimant steadfastly denied that he was intoxicated and. pointed out that he had a known leg condition which accounted for his apparent unsteady gait. Ire testified that he had been working effectively since startinhis shift. It mast be noted however, that at no time did Clair:ant deny that he had used intoxicants.

The investigation evidently had stiff snfficient testimony by Carrier

officials to vr;~.rrant Carrier's conclusion that Claimant was indeed intoxicated
at the tine of the incident. However, a ca.refzl examination of the testimony
leaves us with a nagg:i_rg doubt that he possibly tray not have been under.
the influence. Granted that Carrier was justified in some fox-in of
discipline, we are inclined to afford. Claimant one last opportunity to
"fly right", under the ci.rc~3mstarices and in light of his eight plus years
of sex-vice. It should be trade abundantly clear to Claimant tH:~t further
infractions of Comn3,n;r gales on this subject will receive shott shrift
from all concerned and that This is a last chance. However, under the
particular circtuusta.t?cos o1 this sutuavion, we shall order Claimant's
reinstatement without compensation for tme lost.

A VT A R D

Claim sustained in pert; Claimant shall be reinstated without compensation for time lost, but with seniority rights unimpaired.

NATIMLIL RAIhRC)~i.D ADdITSrT:LT;I~J' BOAR)

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

hmara_e Brasch - Administrative Assistant

Dated a Chicago, Illinois, this 1st day of November., l9'j8p