Form 1 NATIONAL RAILROAD ADJUST= BOARD Award No.
8231
SECOND DIVISION Docket No.
8074
2-SFT-MA-'80
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
International Association of Machinists and .
Aerospace Workers
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement Machinist Helper B. Seuell (hereinafter
referred to as Claimant) i,-as improperly dismissed from the service of the
Carrier on February
7, 1978.
That, accordingly, the Carrier be ordered to restore Claimant to service
with seniority and service rights unimpaired and with compensation for
all wage loss from date of dismissal to date of restoration to service.
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,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant entered Carrier's service in April,
1977.
On Decerioer 30,
1977,
after he reported for duty as a Machinist Helper, he was observed to be in an
alleged state of intoxication at approximately
5
p.m. A hearing was held on
January 23 and
24,
and, as a result of this hearing, he was dismissed from
Carriers service by letter dated February
7, 1978.
Our review of the file, and the transcript of the hearing, reveals that more
than substantial evidence was adduced at the hearing to establish Claimant's guilt.
His Fcrem~:n
and several fellow workers all testified that he had alcohol or. his
breath and other testimox established that his speech was incoherent, he had the
odor of alcohol on his breath and his eyes were bloodshot. There is absolutely
no question but that he was in no condition to be working on the railroad the
afternoon of December
30, 1977.
Being under the influence of intoxicants is a serious offense in this industry,
and numerous of our airards have consistently held that management need not tolerate
such conduct. In this case, our review of the record indicates that prior to this
time, Claimant had a clear disciplinary record and there is no other indication.
Form 1 Award No.
8231
Page 2 Docket No.
8074
2-SIT-zfrA-
1
8o
that he was not a good employe. We will therefore reinstate him to service,
with all rights unimpaired
out
without
pay for tale lost. in sc icjmg., we cw,;ti0;a
him that
management need net tolerate
any further conduct of
this nature and th.a t
in the event he is zubsequently fouric?
g'ailty
of another
similar
offenses this y;e~zrd
may rot loo: so
kindly on the case.
A W A R D
Claim sustained to the extent indicated in the findings.
NATIONAL RAILROAD ADJUSTP~TIT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B _`
Y
J-'
R semarie Br asch - Administr:tive Assistant
Dated t Chicago, Illinois, this 16th day of January
1980.