Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27790
THIRD DIVISION Docket No. SG-27369
89-3-86-3-663
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company (C&EI)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Missouri
Pacific Railroad Company, (formerly the Chicago
and Eastern Illinois Railroad Company):
On behalf of H.F. Cartwright, Jr., for reinstatement to service effective July 29, 1985, with al
amended, when it dismissed him from service account of alleged rules violation
on July 18, 1985. General Chairman's file: 85-54-CEI. Carrier file: 217-57."
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.
Claimant was employed for some fourteen years as a Signal Maintainer
for Carrier, headquartered at Yard Center, Dolton, Illinois. In the performance of his duties he was
At 12:01 A.M. on July 18, 1985, Claimant's driver's license was revoked by the State of Illinois
intoxicated. Upon learning of this, the Carrier's Signal Supervisor called
Claimant to his office for an interview. The Signal Supervisor verified that
the driver's license had been revoked and, while he was talking to Claimant at
8:00 A.M., noticed that Claimant's eyes were bloodshot and he smelled of
alcohol. The Signal Supervisor removed Claimant from service and on July 19
the Terminal Superintendent cited Claimant for Investigation into charges of
failing to have a proper state driver's license and being under the influence
when reporting for work on July 18, 1985. The Investigation subsequently was
jointly postponed and held on July 26, 1985, following which Carrier found
Claimant guilty and dismissed him from service.
Form 1 Award No. 27790
Page 2 Docket No. SG-27369
89-3-86-3-663
Timely appeal was taken and handled without resolution on the property, receiving final denial o
appeal to the Board would have expired July 15, 1986, but Carrier granted a
sixty-day extension at the Organization's request due to the death of the
former General Chairman. The requested extension expired September 15, 1986,
but the Notice of intent was not filed until October 1, 1986.
Even if, arguendo, the appeal to this Board were considered timely
due to the mitigating circumstances, there is no proper basis for overturning
Carrier's disciplinary action. We find no fatal procedural defects in the
hearing process nor in the assessment of discipline. Claimant plainly was
culpable for the loss of his driver's license and the preponderance of evidence supports Carrier's c
that Claimant was offered an opportunity to enroll in the Employee Assistance
Program to try and deal with his apparent alcohol problem, but he adamantly
and defiantly refused to accept this offer. We are constrained to deny the
Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1989.