C:\MYDOCU~1\SCHEDU~2\3-28714.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28714 THIRD DIVISION Docket No. MW-29111 91-3-89-3-552 The Third Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered. (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(Elgin, Joliet 6 Eastern Railway Company

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that: (1) The dismissal of Garage Serviceman J. R. Romero for alleged violation of Rule G on October 2 (2) The Claimant shall be reinstated with seniority and all other rights unimpaired, his record cleared of the charge leveled against him and he shall be made whole for all wage loss suffered with proper credits for benefits accruing therefrom." '.'?IVDINGS: The Third Division of the Adjustment Board, upon the whole record and all the .=vidence, 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.pf, appearance at hearing thereon. At the time of the incident that gave rise to this dispute, Claimant was employed by Carrier as a Garage Serviceman at Joliet Track Yard in Joliet, Illinois. On October 21, 1988, shortly after Claimant reported to work, he was observed having difficulty changing 4 tire. Fellow employes smelled alcohol on his breath. He was asked by a Supervisor to submit to a breath alcohol test. The results' of the test indicated that Claimant had alcohol in his blood.

On November 7, 1988, Claimant was charged as follows:

"at about 3:30 p.m., October 21, 1988, when on duty as Garage Serviceman you were found in a condition

Form I Award No. 28714 Page 2 Docket No. MW-29111 91-3-89-3-552 that would adversely affect the performance of your duties in violation of Rule G of the Safety Rules and General Regulations Governing Maintenance of Way Employees." A Hearing in the matter was held on November 14, 1988. As a result of that Hearing, Claimant was found guilty of a Rule G violation and was dismissed from Carrier's se

Rule G

"The use of intoxicants, narcotics or dangerous drugs by employees subject to duty, while on duty, while on Company property or on the property of others where employees of this Company work, is prohibited. Possession of intoxicants, narcotics or dangerous dru participation in any transaction involving same while on duty, on Company property or on the property of others where employees'of this Company work, is prohibited." This Board has reviewed the transcript of the Hearing, as well as the other pertinent facts of this case. The Board concludes from this review that Claimant ass granted all procedural and substantive rights guaranteed by Agreement and that he was g violation. in light of Claimant's long years of service and his relatively clear record, however, this Board concludes that time held out of service is a suf ficient penalty in this instance. The Board therefore directs that Claimant be returned to work on a last-chance basis with seniority, but without pay for lost time or benefits. Claimant should be on notice that he will be required to stay drug and alcohol free while subject to duty or while on duty. He will also be required to check in upon his return to duty with the local EAT Coun selor. Claimant will be required to follow whatever program the EAP Counselor outlines for him . ..... A W A.R D Claim sustained in accordance with the Findings. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: Nancy J. er - Executive Secretary Dated at Chicago, Illinois, this 28th day of March 1991.