Foam 1 NATIONAL RAILROAD ADJUSTIvETdT BOAR Award No.
7759
SECOND DMSION :Docket No.
7687
2-I~_I~-o--CP.2-' 78
The Second Division consisted of the regular members and in
addition Referee Abraham Weiss when award was rendered.
( System Federation No. 1+, Railway Employes'
Department, A. F. of L. - C. 1. 0.
Parties to Dispute: (Carmen)
( Baltimore and Olio Railroad
Company
Dispute: Claim o f i'Tn;~~3.oye:.,
1. That under the controlling Agreement, Carrier dismissed
Carman L. i.1. Ruble from the service of the Carrier under letter
dated August 31,
1976,
otter investigation held on iu"ust 11, 15'(e.
2. That accor'dlr;gl-y, Carrier be order ed to restore Carman L. Iv:.
Ruble t0 service with vacat-ion and seniority OEM unimpaired
and be made whole fox' all losses including com_perasation.
Findings:
The Second Division of the Adjustment Board, upon the whole record .road.
all the evidence, finds ti-ia-l:,:
The carrier or carriers and. the e_=~;loye or a°npa_oyes involved in this
d:i_spate are respectively carrier and c:::mloye within the rnear?.irl_ of the
Ra.i7..;~ay
Labor
Act as approved June 21,
1934.
This Division of tire Adjustment Board r?as jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant t,-as dz_schar,c:d on A?gust
31, 1976,
following a, hearing, for
being under the influence of alcohol and being asleep on duty in the I,ccx;e.r
Room. Claimant's duty hours were 11: 00
p.me
to 7: 00 a.m.
Earlier on the day i n question, Claimant Lad tallied to the yardmaster,
reporting, that he was
Si C.^~
and was going C?Ori.e, Claimant, nevertheless .
remained on the property ad was
found.
asleep in tnE LOCi'_:;r Room severa,l-
l'.o':1rS
later. At the ::oariny^, -the General I,ore::an stated that QaiYhant
.1
.ci blood
shot eyes and a. ePrcnouaced Mra'r cf n'Lrohol. Toe
General
Foreman drove C7.&!~ant
to a, local hopita.1 ::here a blood sazp7_e disclosed an alcohol content in
PY_L.i'SS Oc°
the
.rte
e~·°1
:.p,:'C:Lfi.E3c`,.
by the State for
u..
determination of
C.;Un'1u'.a·°
i the '(._ ,
t10t1.
Farm 1 Award No.
7759
Page 2 Docket No.
768'l
M&0-CM-7B
There is same disagreement as to whether C1al.niant authorized the blood
sample. The hospital refused to take the blond sample without a doctor's
approval, which -s:N~s obtained by the General Foreman. The record is somewhat
obscure as to whether Claimant was present at the tide the doctor's
permission was obtained. Claimant alleges
trial
while the discussion was
taking place at the hospital regarding authorization to tape a, blond sample,
he went outside anal drank, i~r.i:3h-ey. Fra?n the state of the record, it is
difficult to determine when:ver such drinking took pince before or after
7:00 a.m., which coincides with the end of Claimant's rogular tour of duty.
Carrier k1trC'7uC2d Claimant's previous record to support its decision
to dismiss Claimant from its service. The record before us does not
substantiate Carrier's allegations Of l~inlkaarlt'S prior poor work 171: tOt.';J,
which is based 1.cn.r,~;e1.y on hey-i.x'sa.y.
C=brier, in our judg`=!'iekv.t, has not, rrtet -the burden of :pro.p,rly docum_entung
its Case so as to justify CLi:>::a.sSlntC1_`".7-::C3,nt from its service. "'he
Y'c'.CC?:.~'(;.
with respect t0 Claimant's ')x'-.Or transgressions, 7_f any, is confusing and.
lacks probative support.
Claimant's co:-aduca
o11
the day in question, however, appears to have
been
n ~ ~ Yr. l n., < i
a?° fro.': exe.:~r_1_a3°y. ''s.rec:ia:1_ly in this industry, e_..o_.t:
:-Gr~..a
must
comply rigorously and consistently with p.,.~escri:oc:d standards o1 personal
bC':1aViOr and work attitudes and jOJ
p^o:Lor_:3.Y1C2.
11=ployee safety and
safety are paramount
CUk1aiC.ae·
nt:i_OnS :!.n the ra111"C:3.d industry,
a5
1S, of
course, efficient, operations.
Although the record :in this case is somewhat confused, :i.'t :i_s clear
that Claimant's behavior nerits censure and some degree of discipline,
but not the sanction of dis;:ia;:rge. We
will
dir;~c.t that
Clair,_a11t
be
returned to ~'.or.~> without pay for time lost but with the ster_l warning to
Claimant that we consider his conduct as seriously deficient in the
attributes of a responsible erylo;;roe. Claimant is hereby
advised
that
insofar as this Carrier
-W involved,
'ire 1S walking 7115 last mile; in other
words, this is his last C1-7-.:'.,nC:E:. This 1S t0 serve as a final warning t0
Claimant that repetition of .he actions and behavior which gave rise to
.,
this
proceeding
v,xn.
33_l
justly ,t-)ut leis job in jeaPar'dy. Any f'u:~tL~er
transgressions
Cpl
the type that led to this case, or failure properly t0
perform hi
3
dll`G','
in the
u:i;L11'C
will constitute proper tend sufficient
cause for discr_w,sE;`. A copy of this Award is to be delivered
personally
to Claimant as well as being placed in his personnel file.
The decision in this case is not to be dee:r:ed nor construed to sexv
as precedent for cases
1i1VUi.V:in;
other employees found in Si'_:llr.r
C1Y'Ci7_a.'ta't:''..11::C::.j _"t.
is
cpL)l=.C::....ia
only to the instant case.
:1 u'T A
t
i T)
Clain sustained to the extent S!)t:C:L'j''_'.-E.'d in
FlT"1:::L11gS.
Form
Z Award No.
7759
Page
3
Docket ~~o.
7687
2-B&.-0-c',I'i-
` 78
NATIONAL RAILROAD YlWJUSTITlN'I 13C).hD
By Order of Second Div:isien
Attest: Executive Secz,etary
National Railroad Adjustment Boazd
"5' rv·-.m.o~""°m ~a,.ow'ss.'°',u. wacxs,_ w _ _
... ~.._~.__ ____ ; z_
~..v~ ` S
`W '__~
~~
,.. > 1 i _~' r
~ -i i , r . ' r n
Dated at Chiea.go, ll_l~inoi.s, this 2~th clay cry.' ~doven:ber;
1978.