Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8636
SECOND DIVISION Docket No. 8421
2-C&NW-BK-'81
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Boilermakers, Iron Ship
Parties to Dispute: ( Builders, Blacksmiths, Forgers and Helpers
(
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Welder Helper J. G. Van
Grunsven was unjustly dealt with when on date of September
15, 1978,
he
was dismissed from service of the Company.
2. That, accordingly, the Carrier be ordered to return Mr. VanGrunsven to
service immediately with:
(a) All seniority rights unimpaired.
(b) Compensation for all lost time at the prevailing rate of pay, plus
6%
per day until date of payment.
(c) Make him whole for all vacation rights.
(d) Pay all premiums for hospital, surgical, medical and dental benefits
for all time held out of service.
(e) Pay the premiums for group life insurance for all time held out
of service.
(f) Be allowed all other benefits that he would have been entitled to
had he not been removed from service.
(g) Remove the discipline from the record.
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,
1931+.
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, J. G. VanGrunsven, is a welder helper in carrier's service in the
Track Department at Green Bay, Wisconsin. He was charged with a violation of Rule
Form 1 Award No.
8636
Page 2 Docket No.
8421
2-C&Nw-BK-' 81
G. A hearing into the matter was held and subsequent to the hearing, claimant
was dismissed.
The organization argued that claimant appeared to be under the influence of
alcohol because he had only three and one-half hours sleep before reporting to
work on the day in question. It further argued that claimant's blood alcohol test
showed a level of
0.09%.
This is below the level for which the state would allow
one to drive an automobile. Carrier, on the other hand, submitted that claimant's
physical appearance, his slurred ape ch, his unsteady nature, and the smell of
alcohol on his breath clearly demonstrated that claimant was under the influence
of alcohol when he reported for work the morning of August
31, 1979.
The results of an alcohol test administered to claimant later in the morning
proved carrier's suspicions. It showed an alcohol level of 0.09%. The record of
this case demonstrates very clearly that claimant was under the influence of alcohol
when he reported for work on August
31, 1978.
That is a violation of Rule G.
It is well known in the railroad industry that violators of Rule G are subject
to discharge. This board can find no fault with this concept and we must uphold
carrier's actions in this instance.
Much was said about carrier's employe assistance program in the record of this
case. This board has universally supported carriers and organizations who utilize
employe assistance programs to salvage employes, but we must leave these decisions
to the parties involved.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
r-
By
semarie Brasch -Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February,
1981.