Form 1 KATIONI.L RAILROAD AT)~'USTT,/UT?`:rT BOARD Award No. 7757
SECOND DIVISION Docket No. 7656
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The Second Division consisted. of the regular members and in addition Referee James F. Scearce when award was readered.

( System Federation No. 76, Railway Employer'

Department, A. F. of L. - C. 1. 0.

Parties to Dispute: ( (Carmen)

( Ch:,cago and Tv:c3;wLh. Western Transportation Company

D7.SfL1.tP_; CI.a7I"? OF ~_ Ern.nlO;rr'.`;:

1. Freinht Car Inspector Vexes F. 7_,ietlow eras unjustly dismissed Qum service on January 4, 1977.

2. Freight Car Inspector Vern F. Zi etlonT was erroneously charged with reporting for. duty under the :influence of alcohol on December 7, 1976.

3. That the Chicago and North Western Transportation Company be ordered to reinstate Freight C_;.r Tnc,pector `,very F. Wi~etlow with, his seniority uni::,ra,9_xed, re inhza_x'se hiii for all lost wages dwcinfrom December 8, :!_9'(6; make Ms whole far 2,11 vacation rights,

health and welfare and insurance benefits, including Railrcad Retirement and 'L?L"_sflp,lUyIL-:elt in2urance and all benefits he would have been entitled to as per ~-',)Ie 35. Finding's

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 e:"plo;ye within the meaning of the Railway Labor Act as approved June 27_, 19?4.

This Division O'!' the Adjustment Board has jurisdiction over the dispute involved herein. Parties to said dispute waived right of appearance at hearing thereon.

a ,·, r· ~ ~~ ~~ ~ trar ,~ _ not fit for

The .recall would sappox°~ she ct.~.~.~;e c~_at t,.~ gr_e._~t ~.s ~~, ~xo~ :~.
duty upon his arrival at work On le:'C.'ly)ex` 7, a_97U~ T:`tex'G iS I'10 reasoa shtowa
t0 d.0'u~Jt t:ie correctness of the chemical u.Y)aly'.`p'l.:i ? GSuItS u.`>` tO the eta.C&0l
content 1I). the Cl_v.1"IL,:'z'L.1S blood. 1':TCri' is reason, howevar, to question captain
Of tile Carrier's assertions ,.S v0 t,..-. Cloimant'E status as an habitual.
, ,, ~ : y credible
a:!_cohoJ.:ic. Such conte.mi-oas -",ere no~: =(·c azs.3.cc~ upon Credicredible proof. RO:Z

.o.;..

IeSS, the gravity of oneself for duty in an intoxicated condftjo,i
in direct violation of ,___.,.;ucL Won C::_;f.`Led with a sufficient sTuovi.nE
Form 1 Award No. 7757
Page 2 Docket 1`Tn. 765

2-C~a~T-CT.z_ ~ 7g

prior problems leads to a conclusion that the Claimant's e:nplo5.::ent status was on uncertain iootir.gr if such activity persisted. This R~oaxd. will order one last op_po.ri;unity fox the ClE~.:unant to peeve hin.moli' a deserving, and productive er1ployee. It :i_N assumed that the :i_nt~rvening period since his emplo~:~nexa with this Carrier has been used to correct any sYLortcoT,.in,,,- Insofar as woil; and pexz;ona1 habits are concemed. No back pay is ordered and i;i~e Claimant would do well to .recognize v)-! finality of -this opportunity.

A W A R D

Claim is sustained to tire extent set forth in the finda.n,gs.

XA`~'IOi~T~1I, R4ILR7A~D A~JU,~"11 ~I~'i~ r f30!'-RD try Order of Second D:iv -1.sion

Attest; Executive Secretary

National Railroad Adjustment I'o? rd.

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Dated a L Chicago, Illinois, this 2,c,,th day of 1~love,,-aber, l9`l8.