Form 1 NATIONAL RAILROAD ADJUSTNfE1VT BOARD Award No. 7728
SECOND DIVISION Docket No. 760
2-L&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 Arthur Stevenson was unjustly dismissed from the
service of the L&N R ilroad Company on July 19, 1976, after a
formal investigation was held in the office of Mr. R. L. Spain,
Staff Asst, to Shop Superintendent. '
2. That accordingly Service Attendant Arthur Stevenson be restored
to his assignment at South Louisville Shops with all his seniority
rights unimpaired, vacation, Health and Welfare, Hospital and
Life Insurance rights be paid and compensated for all lost time,
effective July 20, 1976 for each and every day Mr. Stevenson is
not permitted to protect his assignment at the pro-rata rate of
pay.
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, 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.
The allegations raised in this case are indeed serious.
Claimant was charged with being under the influence of alcohol while
on duty on or about 8:00 A.M. on Tuesday, May 11,
1976
at the Union Station,
Louisville, Kentucky. He willingly submitted to a sobriety test that
morning at the Louisville General Hospitals where it was professionally
opined that he was slightly under the influence of alcohol.
Form 1
Page 2
Award No. 7728
Docket No. 760+
2-L&N-FO-'78
An investigative hearing was held on May 28, 1976 pursuant to
Agreement Rule 32 to determine the merits of the specifications. Carrier
found claimant guilty of the asserted charges and peremptorily dismissed
him from service.
This Board is certainly mindful of the ,potential dangers of on duty
alcoholic consumption and will eschew detailing the litany of cases
explicating this .problem. We believe that the .penalty imposed when
judiciously measured against claimant's more than thirty (30) years
satisfactory tenure with this industry was unduly excessive.
We concur with Carrier that some form of discipline was rewired
given the nature of this misconduct offense. We do not agree however, that
permanent dismissal was a commensurate .penalty.
We will reinstate claimant to his position but without back pay.
A WAR 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
R semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this lst day of November, 1978.