Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9893
SECOND DIVISION Locket No. 9817
2-L& N-FO- ' 84
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the current and controlling agreement Service Attendant
B. L. Fant, Jr., I. D_ No. 111115, was unjustly dismissed from the
service of the Louisville and Nashville Railroad Company on
September 9, 1981, after a formal investigation was held on August
20, 1981.
2. That accordingly Service Attendant B. L. Fant, Jr., be restored to
service at the Louisville and Nashville Railroad Company, South
Louisville Shops, Louisville, Kentucky, compensated for all lost
time, vacation, health and welfare, hospital, life and dental
insurance be paid effective August 20, 1981, when Mr. Fant was
suspended from service and the payment of 6% interest added thereto.
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 employes 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.
The Claimant, B. L. Fant, Jr., entered service with the Carrier on July
5, 1973, as a service attendant. He regularly worked at the Carrier's South
Louisville Shops which handle major repair for both diesel locomotives and
freight cars. By letter of September 9, 1981 , the Claimant was informed of
his dismissal from service for reporting to work under the influence of
alcohol on August 13, 1981.
Scheduled to begin work at 7:00 A.M., the Claimant was first seen at the
main entrance to the shops at 9:15 A. M. His slow speech and slurring of words
caused a Special Services Sergeant to report his observations to mechanical
Departmeant Officials. The Claimant's immediate supervisor believed that he
had been drinking. The Claimant admitted to having consumed alcohol the
previous night and voluntarily submitted to a blood/alcohol test administered
at 12:30 P.M., August 13. The reading showed an alcohol level of 0.115 which
was higher than the State of Kentucky's standard defining legal intoxication
(0.100. The Organization argues that this proof did not demonstrate the
Claimant was intoxicated to a point where he could not perform his duties.
The Board disagrees with such a position. We have repeatedly stated that
Form 1 Award No. 9893
Page 2 Locket No. 9817
2-L&N-FO-'84
establishing the precise degree of impairment is not essential in that the
charge of being under the
influence concerns itself
with adverse affects of
alcohol upon the faculties. Considering the degree of alcohol discovered in
the Claimant's blood level, the argument that Claimant was not adversely affected
is groundless. We find substantial evidence supporting the charge of reporting
to work under the influence of alcohol. This offense fully justifies Claimant's
termination.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
k~40100
Nancy J. 1~ev - Executive Secretary
Dated at Chicago, Illinois, this 9th day of May, 1984