Form 1 NATIONAL RAILROAD AD,7USTI.TI'T.i' EOARD Award No. 777-6
SECOND DIVISION Docket No. 7556
2-G`ft^T-FO- ` 78

The Second Division consisted of the regular members and in addition Referee Irwin Ifi. Lieberman when ",ward was rendered.

( System Federation No. 92, Railway Employes'

( Department, JL. F. of L. - C. T. 0.

Parties to Dispute: ( (Firemen & Oilers)

(

( Grand Tz^un_k Western Railroad Company

Dismite: Claim of F:mploVTes:

1. That under the current agreement Laborer Elxner Smith eras unjustly disrzisscd from the Carrier effective iovenoer 6, 197u.

2. That acco.rdinEly the Carrier be .ordered to reinstate this etnrr?cyreo with seniority ri:;hts unimpaired, pay for all ti.:re lost and all other beerefits as specified by the A~

grE:er,;ent retroactive to November 6, 1976.

F9_nd:in;s:

The Second Di.v:i_sion of the Adjust-cat Board, upon the whole record and allthe evic3.erce, finds th-t:

The carrier or carriers and the e: -, ploye or errp:Loyesinvolved in this dispute are respectively carrier and em,oloye ~,rithiti the meaning of. the Railway Labor Act as approved Tune ?1, 19

This Division of the Adjustment Board has jurisdiction over the displ;.t; involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Claimant herein was disrri_ssed, after hearing, for allegedly being in violation of Carrier's operating Rule 3(b), which provides in pertinent part:

"Employees shall not report for nor be on duty, at any time, under the influence of intoxicants or any other substance whatsoever (includin~_; those prescribed for them for medical reasons) that ` n,~i_ll in ante way adversely affect their alertness, coorditv.w_;i_on, reaction, response or ability to .pork properly or safely."

The evidence in this dispute in clear and uncontroverted. Claimant was found at 11: 40 P.M. (his starting t::ne was 1_1:00 P.M.) on the lunchroom floor, passed out. Subs.>quently at tire hosr._~;a.l he was diagnosed as beinunder the influence of alcohol. 'Claimant adrni.tteci to having hard two

beers and a No Do:;~ .pill prior to r,~pomt;v_ng for ~~;orli.
Form 1 Award No. 7716
Page 2 Docket No. 7556
2_GB,l_1;,U_ `78

Cases such as that herein have been legion in this industry. There is little usef'.tlness in reiterating and underscoring Carrier's res_ponsibilit':.es to its own employer as well as the .public. There can be no question but that the discipline i.nnposed in this dispute was both justified and <Appropr.r,Lte.

A W A R D

Clam: denied.

NIATIOi-2J, Iftlhi-;Ohil ADJUN`1'LZ??;T I>CAI,D

By Order of Second. Division

Attest: Executive Secretary
National Railroad Adjustment Board

By - , ~.vP ~ ~,__yy P., y,o.,a a....'''d ..~_~ a~ __,.r'"~F^-'_?" ..,~`=_.~d`. ~S.~.m....~"''

~.1~os;:.:_ar:ie BYwsch - t"~.~;:.:i n~ st,r~:,tive :lssi:aant

Dated a,~1 Chicago, Illinois, !-.his 1st day of, TTovezaber, 1978.