The Claimant was instructed to attend an Investigation to determine facts and place responsibility, if any, in connection with his alleged improper use of a Corporate Lodging Card while off duty on October 12 and 17-19, 1995. .After an Investigation into these matters was held, the Carrier advised the Claimant that he had been found guilty as charged and he was discharged from the service of the Carrier.
A review of the full record warrants conclusion that there were considerable extenuating circumstances in this case. In view of this the Board agrees with the Organization that discharge was an overly harsh disciplinary measure to be taken by the Carrier.
Consequently, the Board will provide the Claimant with an opportunity to prove himself a worthwhile employee to the Carrier. Given the unique circumstances of this case such opportunity shall be granted on a final chance basis.
The Claimant shall be reinstated with seniority unimpaired, but with no backpay for time held out of service. He shall take the required physical examination upon his return to work and he shall participate in the Carrier's Employee Assistance Program. The Claimant shall participate in the latter for a period of five years, commencing with the date Claimant returns to work. During the five year EAP period the Claimant shall he considered a probationary employee and shall be subject to random drug and alcohol testing at times chosen by the Carrier. If the Claimant refuses to take drug or alcohol tests as requested. or tests positive on such tests, such will be grounds for automatic permanent dismissal without necessity of a formal Investigation.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the award effective on or before 30 days following the postmark date the Award is transmitted to the parties.