NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-2474
Robert W. McAllister, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger
Corporation:
NEC-BRS-SD-116D. Appeal of R. S. Ambrogi, who was dismissed by notice
dated October 23, 1981, for alleged Rule G. violation on October 6, 1981.
OPINION OF BOARD: R. S. Ambrogi, the Claimant, entered the Carrier's service
on May 23, 1977. He was dismissed from service for being
under the influence of alcoholic beverage while on duty on October 6, 1981, as a
signalman. The Organization claims the Carrier has failed to meet its burden of
proof and presented no evidence the Claimant was actually under the influence of
alcohol and that his responses were impaired. Three witnesses testified the
Claimant had the odor of alcohol on his breath. This Board agrees with the
Carrier's argument that the smell of alcohol on an employe's breath is generally
a sufficient basis upon which to assess discipline, and we so find in this case.
Nevertheless, despite supporting an imposition of discipline, this
Board finds the penalty of dismissal unduly harsh when all the circumstances are
properly examined. Therefore, the Claimant is to be reinstated with seniority.
The lengthy period he has not worked is converted into a disciplinary suspension
without pay. This reinstatement is accomplished on a last chance basis. The
Claimant must understand the Carrier cannot and will not be expected to tolerate
Rule G violations. There is simply no excuse for such conduct.
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:
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.
Award Number 24873 Page 2
Locket Number SC-24742
A W A R D
Claim sustained in accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ever -Executive Secretary
Dated at Chicago, Illinois, this 28th day of June, 1984
