Form 1 NATIONAL RAILROAD ADJUST=,T BOARD Award No. 8259
SECOND DIVISION Docket No. 7701
2-SPT-FO-'80

The Second Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

( System Federation No. 114, Railway ;~:=ployes'
( Department, A. F. of T. - C. Ia 0.
Parties to Dispute : ( (Firemen & Oilers)

( Southern Pacific Transportation Commany

Dispute: Claim of Timployes:

1. That under the current agreement Firemen and Oiler A. O. Mendoza eras unjustly suspended on August 26, 1976 and dismissed from. the service of the Carrier on September 2, 3976 foLoerino an unfair and improper hearing.

2. That accordingly, the Carrier be ordered to:

(a) Restore the aforesaid employe to service with all service and seniority r.',gnts L....n~:ca-~.r° compensate him for all time lost and with payment, of 6;,f, interest added thereto.

(b) Reinstate all vacation rights to the aforesaid employe.

(c) Pay employe's group nedical insurance contributions, inulading group -:iedical disability, deperdents hospital, surgical and medical and death benefits premiitns for all time that the aforesaid employe i s held out o f s e rtr i c e .

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the a:nplove or employes involved in this di spate are respectively carrier and enploye within the meaning of the Railway Labor Act as approved June 21, 1;34.

This Division of the Adjusti-:ent Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon..

Claimant warm s employed at Carrier's Tucson, Arizona Diesel F acili tY as a locamotive sunply~nan with re,--,;lar assignment ?3.:00 nm to 7:90 am. ;e -c-as terminated foil using h:a,rr ? and investig=wti on on t~ie~,Y .nno ;I._ce, into charb-es that he was under the.r.~rluenc:.e of intoxicants and AWOL f ro:n his job for several hours on 1:LZgnst 26, 1976.

Claimant reported to T-rorh at his ass:I.gned hour of 11:00 ,ra on the might of

August 25, 1976. At annrox-r-ately 1:30 am on :=ur,-,ust 26, 1,70, h-is for--inan told. him to d:celi jer some naneraork to the y-,::.rd off Ice. Shortly thereafter t;l a~-.r_wnt took a Company stake bed truck without per:ni ssl_on and left the property. According
Form l Award No. 8259
Page 2 Docket No. 7701
2-SPT-F 0- t 80

to his own testimony he "ducked out .for a auic'k lunch". Claimant returned with the truck about 3:30 a.zn. and two Carrier witnesses in unrefuted testimony, stated that he smelled of alcohol, was unsteady on his feet and was glassy-eyed. Claimant concedes that he might have exhibited the symptoms indicated but insists that the cause was exhaustion and some beer he had consumed earlier in the day on August 25, 1976 vas "catching up with him".

After revietring carefully the record evidence we are persuaded that Claimant

was accorded his contractual right to a fair hearing and that Carrier established
his cull rabil _ ty as charged by substantial evidence on the record. We cannot
conclude that- the discipline imposed is unreasonably harsh or disproportionate
to the proven offense.

A W A R D

Claim denied,

PTATMIAL RATTIROAD ADJUSTKEilT BOUT D

By Order of Second Division

Attest: Executive Secretary
National Eailroad Adjustment Board

By i , .~.~.. ~.. w ,...^-: _~ -,`.-' ,.''-

.-,~ 'Q ,~ i ~, .,i a K e :y ' c 'i

F:osemari a .~r w6ch - Adr14 T~ : s s~., ua,nt

Dated` at Chicago, Ill.inoi s, this 5th day of 1~aroh, 1.980.