NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22275
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers
( Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STAT;MEPZT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8477) that:
"(a) Carrier violated the Agreement at Atlanta, Georgia,
when it dismissed Mrs. R. D. Holland, Data Input Operator from the
service of the carrier, effective 12:00 noon, June 24,
1976,
for
allegedly being under the influence of alchohol while on duty.
"(b) Carrier shall be required to restore Mrs. R. D. Holland
to the service with seniority and all rights unimpaired, and compensate
her for all time lost beginning 12:00 noon, June 24, 1976, and
continuing until restored to the service."
OPINION OF BOARD: Shortly after 7:30 A.M., the claimant's starting
time, the Carrier received reports that the
claimant's condition and behavior was abnormal. A blood test four and
one-half hours later showed the claimant's alcohol content to be .16%,.
In reviewing the transcript the Board finds there is
substantial evidence that claimant was under the influence of alcohol.
However, in light of the claimant's many years of service (33 years)
and that her record was virtually unblemished for four years since a
simple five-day suspension for a somewhat similar incident, we hold
permanent dismissal to be excessive. We direct the Carrier to restore
her to service with a warning that this is her final chance. There
will be no pay for time lost because it cannot be said she was found
"blameless" in the matter with which she was charged.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and holds:
Award Number 22251 Page 2
Docket Number CL-22275
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the
Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the discipline was excessive.
A W A R D
Claim sustained to the extent indicated in this Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of December 1978.
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