NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number MW-23417
(Brotherhood of Maintenance of Way Employee
PARTIES TO D ,7APIl'fE:
(Port Terminal Railroad Association
8?ATN
=T OF CLAD(: "Claim
of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Charles T. Blacknell for alleged
violation of Rule 'G' vas without just and sufficient cause.
(2) Trackman Charles T. Blaclmell be reinstated with seniority
and all other rights unimpaired and he shall be compensated for all wage loss
suffered."
OPINION OF BOARD: The record shows that claimant had been in Carrier's
service approximately twenty five years and he was em
ployed as a trackman, On July 2, 1979, he was notified of his dismissal
from the service for the following reasons:
"On the morning of June 29,
1979,
yon were observed by
Raadmster D. Jones and appeared to be intoxicated.
During the course of your conversation with Roadmsster
Jones you were hostile in your msnaeiiems. In the
sage instance you were insubordinate in as much as
you were told to go home and take a day of suspension
without pay. With this occurrence in mind, the
following rules you violated are as follows:
1. Rule G, of the Rules and Regulations
for the Maintenance of Way and Structures.
The use of alcoholic beverages, intoxicants
or narcotics by employee subject to duty, or
their possession or use while on duty is prohibited. Employes shall not report for duty
under the influence of any drug, medication
or other substance, including those prescribed
by a doctor or dentist, that rill in any way
adversely effect their alertness, coordination,
ration, response or safety; nor shall such
drug, medication or substance be used while
on duty.
Award Number 23256
Docket Number
MW-23417
Page
2
"2. General Rule 104. Any act of hostility,
misconduct or willful disregard or negligence
affecting the interests of the Association
will not be condoned and must be reported.
Withholding such information will be ooneidered proof of negligence or indifference,
and treated accordingly."
An investigation was requested by the Organisation, which was
conducted on August 1,
1979,
at Houston, Texas.
on
August 10,
1979,
claimant's dismissal was affirmed.
A copy of the transcript of the investigation conducted on
August 1,
1979,
has been made a part of the racard. Frog our review of
the transcript, the Hoard considers that discipline was warranted.
However, permanent dismissal was excessive. The time that claimant
has been out of the service should constitute sufficient discipline.
We will award that claimant be restored to service with seniority
and other rights unimpaired, but without any compensation for tine lost
while oat of the service.
Claiatant should
understand that the purpose
of this award is to give him one last ebance to become and remain a
reliable arployes
and
that further for infractions on
his part will
result in the pemnneat termination of
his
services. He should also
understand that his work attendance record must improve.
FIHDIAGB: The Third Division of the Ajustaent Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
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
in
accordance with the Opinion,
NATIOMAL RAILROAD AWU92MT BOARD
By Order of Third Division
ATTEST:
AW
- & /-Voaw
Executive SOCrUMAry
Dated at Chicago, Illinois, this 15th day of April 1981.