NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26445
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
Northeast Corridor
STATEMENT OF
CLAIM: "Claim
of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman W. Kneipp for alleged 'Reporting for
work under the influence of alcoholic beverages' on November 29, 1983, was
without just and sufficient cause and on the basis of unproven charges (System
File MEC-BMWE-SD-791).
(2) The claimant's record shall be cleared of the charge leveled
against him, he shall be reinstated with seniority and all other rights
unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was employed as a Trackman at Penn Station, New
York, and had approximately five years in the Carrier's
service. In March, 1982, Claimant was diagnosed as suffering from Meniere's
Syndrome. Symptoms of the illness are sudden severe episodes of dizziness, a
sensation of hearing a roaring noise, fluctuating hearing loss and sometimes
nausea and vomiting. At the time of diagnosis, Claimant was given medication
for his ailment. Doctors examining Claimant stated that he was capable of
working.
On November 29, 1983, Claimant accompanied an injured employe to the
Carrier's Nurse's office in Penn Station, New York. While in the Nurse's
office, Claimant allegedly behaved in a loud and boisterous manner attracting
the attention of Police Officer Rinaldi. Division Engineer Zimmerman and
Assistant Division Engineer Wurpel were summoned to deal with Claimant. As a
result of the incident, Claimant was charged with the following and was ultimately dismissed for the
"Violation of Amtrak's Rules of Conduct,
Rule 'C' which states:
'Reporting for work under the influence of
alcoholic beverages or narcotics, or the use
of alcoholic beverages while on or subject
to duty or on Company property is prohibited.'
In that on November 29, 1983 at approximately
12:23 pm you were observed to be under the
influence of alcohol in the Nurse's office in
Penn Station, New York during your normal tour
of duty."
Award Number 26098 Page 2
Docket Number MW-26445
An examination of the record leads us to conclude that there
was substantial evidence to support the Carrier's termination decision.
Laymen are competent to testify as to outward manifestations, physical actions
and activities, and conclusions of intoxication. Third Division Award No.
20100. Clearly, the witnesses presented by the Carrier all testified about the
outward manifestations of Claimant's intoxication. Coupled with the corroborated testimony that Clai
commenced and indeed, that Claimant even left his gang and went to a bar, we
are unwilling to set aside the Carrier's conclusion that Claimant was
intoxicated as alleged. The symptoms Claimant asserts resulted from his
medication do not precisely correspond to the manifestations that were
observed by the Carrier's witnesses. In any event, the alleged factual
disputes raised by Claimant are not sufficient to change our conclusion that
substantial evidence existed in this matter.
FINDINGS: The Third Division of the Adjustment 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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: G.~
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of August 1986.