Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7860
SECOND DIVISION Docket No. 7693
2-MKCSJA-Cm-'79
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation ITO. 3, Railway Employes'
( Department, A. F. of L. - C. I. 0
Parties to Dispute: ( (Carmen)
(
( Milwaukee-Kansas City Southern Joint Agency
Dispute: Claim of Employes:
1. That under the current controlling agreement, Cayman L. D.
Rhinehart was improperly suspended from service on January 28,
1977, and unjustly dismissed from the service of the Niil-yravl~eeKa.IISas City Southern Joint Agency as a result of investigation
held on F eb ruar,~T 2 , 1977.
2. That accordingly, the Mi.lwau'iee-Kansas City Southern Joint Agency
be ordered to reinstate Carman h. D. Rhinehaxt to service v:ith
seniority rights, vacation rights, sick leave benefits, and all
other benefits that are a condition of employment unimpaired,
compensation for all time lost plus 6-1~o annual interest, and that
he be reimbursed for all losses sustained account of loss of
coverage under Health and Welfare and Life Insurance
agreements
during the time held out of service.
F :i Ildl
i'1<F; 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 ox employes involved in this
dispute axe
respectively
carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing them n.
This claim disputes Carrier's discharge of Claimant for his violation
of Carrier's Rrzle 7, which ,prohibits the use of alcoholic beverages, intoxicants
or narcotics by employes subject to duty or i n possession or using such
substances while on duty.
There 9_s more than substantial evidence indicating that Claimant was
guilty as charged. Su.^,maa.rily, it shows that three (3) .hint bottles of
-whiskey were found in Claimant's possession in his lockers. He also freely
Form 1
Page 2
Award No.
7860
Docket No.
7693
2-NZCSJA-CM-'
79
admitted to "nipping" one or two shots of whiskey per day, with his morning
coffee, to help his cough and to clear the phlegm out of his throat. While
some doctors or medieval medicine men might _prescrib2 such tonic to
alleviate symptoms and illnesses such as the Claimant alleged that he had,
it is clearly in violation of Carrier's rules and we conclude that Carrier
was justified in taking the disciplinary action it did.
Considering the discharge invoked by the Carrier, we note that Claimant
had twenty-.seven .plus years of service with the Carrier and was just a few
years away from r. etirerrent when he was discharged. We think that Claimant
has now had a few years to consider the seriousness of his action and
will
thus reinstate him, but without, pay for tipne lost. In so do! n,(Y, we warn
the claimant that for whatever reasons or motives, the use or .possession of
alcoholic beverages is a serious violation of cornpanv rules. Thus, he is
going to have to find another cure for leis cough. We also suspect that
Claimant may have a
drinking
.problem, and we admonish hire to analyze his
situation very objecti-vrely and seriously, for if he does have such a
problem, he should seek Professional assistance to cure it. The next time
he gets himself into trouble lid>e this, the Carrier would be perfectly
justified in ,permanently terminating his relationship, and this Board would
not look so kindly on a request for reinstateament.
A W A R D
Claire sustained to the extent indicated.
NATIONAL RAILROAD ADJUSTIPTNT BOARD
By ^rder of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
,.~ -'a «~
<Q
' _
41
~bsen:a,rie Bra.sch - `~cministrative Assistant
Dated ~t Chicago, Illinois, this 28th day of February,
1979.