Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
849
SECOND DIVISION Docket No.
8374
2-B&M-CM-'80
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada
Parties to Dispute:
(
( Boston and Main Corporation, Debtor
Dispute: Claim
of
Employes:
1. That under the terms of the current Agreement, Carman R. C. Lynde,
(hereinafter referred to as the Claimant was unjustly held out of
service of the Boston and Maine Corp. (hereinafter referred to as the:
Carrier) from September
8, 1978
to November
28, 1978,
inclusive.
2. That accordingly, the Carrier be ordered to compensate the Claimant
for all lost wages and fringe benefits during time held out of service
by the Carrier.
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 was assessed a
60
day suspension following an investigation held
on September
27, 1978
for being both intoxicated while on duty on September
8,
1978
and for failure to comply with a direct supervisory order. This disposition
was appealed on the property pursuant to Agreement procedures and is presently
before this Board.
In defense of his position Claimant contends on procedural grounds that the
investigative transcript contained transcription errors that resulted when
Carrier's tape recorder malfunctioned which impaired the accuracy of the trial
record and argues on substantive grounds, that the charged specifications were
not proven by Carrier's witnesses. Carrier, contrariwise, disputes these assertions.
In our review of the record, we disagree with Claimant's position. Firstly,
careful analysis of the investigative record does not reveal information gaps
or interpolated inaccuracies that would materially affect the record's substantive
grounds, that the charged specifications were not proven by Carrier's witnesses.
Carrier, contrariwise, disputes these assertions.
F orm 1
Page 2
Award No.
8499
Docket %. 837`+
2-BEM-CM-'80
In our review
of
the record, we disagree with Claimant's position. Firstly,
careful analysis of the investigative record does not reveal information gaps
or interpolated inaccuracies that would materially affect the record's substantive
content. The transcript is sufficiently clear to permit an intelligent
assessment
of the disciplinary incident. In fact, Claimant did not identify what errors
were committed. The record, on the other hand, shows that two supervisors
observed him at about 10:10 A.M. walking in a weaving and stumbling manner
between a track of cars. His speech and general demeanor were indicative of an
intoxicated condition. He exuded an alcoholic odor and then refused to ride
with the supervisors to the Rip Office, so that he could be sent to the medical
office for an examination. When he refused for the second time to ride with the
supervisors to the same location, he was plainly insubordinate. His contention
that he was ill was unsubstantiated. General Rule G requires in part that:
"The use of intoxicants or narcotics by employes subject to duty or their
possession or use while on duty, is prohibited." Claimant palpably violated
this rule. His subsequent insubordination unfortunately compounded the problem.
Carrier assessed a disciplinary penalty which we find was not unreasonable or
capricious and thus we
N.,-ill
sustain its determination. Alcoholic usage while
on duty is a serious infraction that most certainly affects the safety or rail
operations and it cannot for a moment be countenanced as a matter of public
policy. The sixty (60) day suspension was corrective in nature and we hope that
Claimant learned from it. The claim is denied.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
R
411
osemarie Brasch - Administrative Assistant
Dat d at Chicago, Illinois, this 19th day of November, 1980.