Forth 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.7727
SECOND DIVISION Docket
No. 7603
2-h&N-FO-'78
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( System Federation
No. 91,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the Current and Controlling Agreement Service Attendant
0. W. Cross was unjustly dismissed from the service of the
Louisville & Nashville Railroad Company on June
15, 1976,
after
a formal investigation was held in the office of Mr. W. L.
Ellison, Master Mechanic, on Monday, May 24,
1976.
2.
That accordingly, Service Attendant 0. W. Cross be restored to
his assignment at South Louisville Shops with all seniority
rights unimpaired, vacation, health and welfare, hospital and
life insurance b e paid and compensated for all time lost at the
pro-rata rate of pay, effective June
15, 1976.
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,
193+.
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 was charged with having in his position, an alcoholic
beverage., while on duty on May 11,
1976.
An investigative hearing was held on May
28, 1976
pursuant to
Agreement Rule
32
to determine the merits of this allegation.
Based on this inquiry, Carrier dismissed claimant from service.
Accordingly, we have carefully assessed the extensive documentary
record to ascertain the full dimension of this dispute and have found
significant inconsistencies contained therein.
Forn 1
Page 2
Award No. 7727
Docket No. 7603
2-L&N-FO-'78
We will not elucidate these testimonial
contradictions, except
to
conclude that the record in its most critical essentials supports the
asserted charges.
While we recognize this misbehavior to be antithetical to our high
decorum standards, we also recognize the importance of fashioning a remedy
that is consistent with progressive disciplinary principles.
Claimant was not found to be under the influence of alcohol.
He did not, at that moment, present a clear and imminent danger to
carrier operations. He was an employee with over thirty (30) years good
standing.
We agree that this serious charge warrants some measure of discipline,
but not pexmaneat dismissal. It's too severe a penalty.
We will reinstate him to his position, but without back pay. His
suffering thus far is sufficient punishment for this offense.
A W A R D
Claim sustained to the extent expressed in this finding.
NATIONAL.RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By _
.&~d~arie Brasch - Administrative Assistant
Dated at[Chicago Illinois this 1st day of November, 1978.