Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28076
THIRD DIVISION Docket No. SG-28327
89-3-87-3-878
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Southern Pacific Trans
portation Company (Western Lines):
Claim on behalf of J. P. Walton for reinstatement to service with all
lost wages and benefits restored, beginning January 14, 1987 and continuing
until this dispute is settled, account of Carrier violated the current Signalmen's Agreement, as ame
a fair and impartial hearing on December 29, 1986." Carrier file SIG-0-86-W.
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.
Following an Investigation held on January 6, 1987, Claimant, who had
entered Carrier's service on March 13, 1973, was dismissed from the Carrier's
employ. He was found to have been absent without authorization on September
25, 1986, in violation of Rules 604 (Duty-Reporting or Absence) and 607 (Conduct). September 25 was
a ten-day suspension for a previous Rule 604 violation.
The record reveals that Claimant was an alcoholic, who had made
attempts to rehabilitate himself before. It also reveals that an offer was
made to him, and rejected, to return to work on a conditional basis. From a
review of this case, it is apparent that Claimant would have done well to have
accepted that offer. As a consequence, we shall return Claimant to work, with
full seniority and all rights intact but without backpay, conditioned on his
entering an authorized Carrier Employee Assistance Program.
Form 1 Award No. 28076
Page 2 Docket No. SG-28327
89-3-87-3-878
Although numerous procedural issues have been raised in this case, we
see no reason to reach them in this instance.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 11th day of September 1989.