LSD ~J., oc:._ t _:~sib=__ _ .L-?3 yh


                    Josef P. Sirefftan, :?efer=_e


(brotherhood of i·,ailway, Airline and Steamship :;1=rka, Freight Handlers, Express and. Station Baployes PARTIES TO DISPUTE:
                (ire Baltimore and Ohio Railroad Company


                STAIN: OF CLAlM: Claim of the System Committee of the Brotherhood (GL-9266) that:


(1) Carrier ~riolated Rules of the effee.i-,re Clark-Telegrapher Agreement when on idoveaber 21.. 1979, it unjustly dismissed _hie_° ct11er ',.:r. G. E. Derryberry from service of Carriers and

 (2) As a result of such impropriety, ?·r. G. E2erryberry shall be reinstated to the service of Carrier with seniority sad all other rights unimpaired and

 (3) i.ir. G. E. Derryberry shall be compensated for any and all wages hospitalization and other losses suffered as the result of his ir.proper dismissal from Cb_-ri
OPIiIIOir OF BOARD: Claimant G. E. Derryberry, a Chief Caller. was charged
 with "the use of intoxicants" at call-or's offices G1=nwood, Pennsylvania about 1:00 AM - 4:00 AM on November 13, 1979. A hearing was held on November 20., 1979 and Claimant was notified of his dismissal from the service on the next day. A second hearing was requested, and it was held on December 3, 1979. After this second hearing the Carrier reaffirmed the decision to dismiss Claimant.

 Examination of the record before the Boards i.e.., the testimony of Chief Dispatcher Bradley Assistant Terminal Trainmaster Gaylord and of the Claimant establishes that the Carrier had good cause to conclude that Claimant was intoxicated while on duty. There was substantial evidence in the record to sustain the Carrier's decision to discipline Claimant. However, given Claimant's thirty-six years of unblemished service, the penalty of dismissal is too severe. Ac that Claimant be restored to service with seniority rights unimpaired bat without pay for the tine s
        Fi,ML`IGS: The `"bird Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;

Award 'Timber 238E2
 Docket tl:Aber :.'L-23595

 That the Carrier and the Employes involved in this dispute

 page ?_

 are respectively Carrier and mployes within the meaning of the .Railway Labor Act, as approved Jane 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

 That the discipline assessed was excessive.

 A .J A R D
Claim sustained in accordance with the Opinion.

 PJATIJLIAL RAZi.ROAD ADJU3U-:ESI'i' BOARD
 By Order of Third Division

 ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 4ei~rieBrasch -·Admi strative

 Dated at Chicago, Illinois, this 28th day of April 1982.