Form 1 NATIONAL RAILROAD ADJUSTT.:TNT BOARD Award No.
83.12
SECOND DIMS ION Docket No. 'i 83
2 -`,fi'-C':"-' 79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No. 2, Railway Employes '
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Careen)
(
( Missouri Pacific Railroad Company
Dispute: Claim of E~m;~loyes
1. That the Missouri Pacific Railroad Cormany violated Rule 32
of the con trollin, Agree-nee t . January ?4, 1977, when they
unjustly carricio»sly, and arbitrarily dismissed Carmen D. B.
Watt for al lof e.^'.lz~ viol acing Conch t i ons of Employnont, Item 4.
2. That the %:issouri Pacific Eailroad Company be ordered to com-
r,.
oensatc
Car":i:L.-1 :).
B. 'wiat~·
for all ;-rae loss frC:u ucunuary 24,
1=
1977
LLntll
h°
4-s
re:-urne':4.O se--vice
,Yl.ttl
seniority and
VCa..~Cn
rights uny=aired. Also, teat he :,e made ahole for all loss of
health and .; clfare and pension ri7h is .
FindinEs
The Second Division of the Adjusment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the emoloye or employes involved in this
dispute are respectively carrier arid a;-:aloye within the meaning of the
Railway Labor Act as approved jarse 21, 1934 .
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived -1i,-ht of appearance at hearing thereon.
Claimant was dismissed from scrviee on January 27, 1977, "account your
violation of Conditions of Employment, Item 4, of your Application for
ated La:;ust 2~, lEIrplo,,^.:nnt, d- ''), ,°;nen y'ou ;°;ere found under the iafl uence
r:t
of intoxicants while on ditty as Carman at El Dorado, Arkansas at about
9:20 P.PYIL. January 14, 1977" .
Form 1 Award No. 8112
Page 2 Docket No. ?3'83
2-MP-MI-'79
Although the Organization raised objection to the conduct of the
investigative heaz'Ing which preceded the Claimant's dismissal, the Board
finds that the hearing was conducted in a fair manner.
Item 4. of the Conditions of Employment read in part that the signer
promises to:
".
. . observe all rules and regulations governing the service
to which I shall at any time be assigned and to . . .obtain
from the use of intoxicant liquors and perform all duties
assigned to me to the best of my ability . . . ."
One of the rules referred to is Rule G, which reads as follcas:
"The use of intoxic ants or narcotics is prohibited.
Possession of intoxicants or narcotics while on duty is
prohibited."
The ClaLmant's ^ upervisor and an agent of the Carrier observed the
Clainant durin-; his
duty
h0'ais
on Jdnua%y 14, 19(7. ThG-,;' concluded that -
u
Claimant was under -,he -influence of intoxicants-, al
th01;.~%l
they did no~
observe him,
cons-:)--1171:',
an -ntoxicnt nor did they find evl.donce
that he had
intO:iicants in his _Dossesslon. The Clalma-nt ad71i.teed durl-j
t11e
rove--tigative hearing.; that he had consumed "a counle of beers" shortly before
reporting for duty.
The Claim4.n
t
pas been employed by the Carrier for 26 ;,rears and has no
record of previ olV:s -1-isciplinary infrac t-io:vs . Tender he circuatances,
Iiie
Board finds the penalty of
disr.,issal unduly
harsR. Nevertheless, in
ordering his reinstate~-ent, -it is to be clearly unerstocxd that the in;erven~ng period
2s
to be carried, on his record us
w'1
extended disciplinary
penalty, against which his future conduct may be judged.
A W A R D
Claim sustained to the extent that Claimant shall be offered prompt
reinstatement with full s<eniori ty, but without back pay or other retroactive
benefits.
RATIG1IAL RA ILROAD ADJUSMIZNT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
O`~
....:.ric -rascil
- r~_..._...121N v1<'.i.~i'J" riOsls hU71v
Dated
at',Chica.o, Illinois, this 27th day of September,
1979.