C:\MYDOCU~1\SCHEDU~2\3-27117.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27117 THIRD DIVISION Docket No. M'd-26604 88-3-85-3-350 The Third Divisija consisted of the regular members and in addition Referee L~iL Veraon when award was rendered. (Brnthrrh.ond if Maintenance of Way Employes PARTIES TO DISPUTE:

(Nat i)naI 2ai[r)ad Passenger Corporation - (Amtrak)

"irtheast Cirridor

STATEMENT OF CLAIM: "Claim if the System Committee of the Brotherhood that: (1) The thirty (30) calendar days of suspension imposed upon Trackman D. J. Shine for alleged violation of Rule of Conduct 'C' and Safety Rule 4002 on March 20, 1984 was arbitrary, on the basis of unproven charges and in violation of the Agreement (System File NEC-BMWE-SD-886D). (2) The claimant's record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered." FINDINGS: The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

On March 21, 1984, Claimant was notified to appear for a trial on March 26, 1984, in connection with the following charges:

"Violation of the following Amtrak rules:

Rule of Conduct 'C' which reads: '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.

Form 1 Award No. ?7117 Page 2 Docket Nj. MW-?6604 88-3-85-3-350

Safety Rule 402 which reads in part: 'Narcotic medication, rjntriLLed drugs and/or alcoholic beverage must nit be used by, or be in the possession if

nay

employee while on duty or within 8 hours hefire reputing for duty...' iu that while ),i duty at Brill Interloekiag on March 20, 1984, at approximately 9:00 PM, you were observed to have the strong smell of fresh alcohol on your breath."

The trial was held as scheduled on March 26, L984. Subsequently, on April 6, 1984, the Claimant was assessed the discipline now on appeal before the Board. The Claimant resigned effective April 8, 1984. After reviewing the record, the Board concludes there is substantial evidence to support the charges against the Claimant. This consisted of testimony of two witnesses w on the Claimant's breath along with unusually belligerent behavior. The hearing officer found this testimony credible and probative. There is no basis to disturb these findings. Under similar circumstances, the Board has upheld discipline, including dismissal. The Carrier i a supervisor's otherwise credible and probative observations as to whether someone is under the influence of alcohol. Moreover we find no basis to the argument that the Claimant failed to receive a fair and impartial hearing.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: i Nancy J er - Executive Secretary Dated at Chicago, Illinois, this 17th day of May 1988.