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.



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.








Attest
Nancy J. r - Executive Secretary

Dated at Chicago, Illinois, this 11th day of September 1989.