PUBLIC LAW BOARD N0. 1532
PARTIES)- ATCHISON, TOPEKA AND SANTA
Fr; RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF 14AINTENANCE
OF WAY
EMPLOYES
AWARD NO. 279
Case No. 312
STATEMENT OF CLAIM: That the Carrier's decision to remove
Colorado v s on Trackman-Truck Driver Ignacio Silvas, Jr.
from service was unjust; that the Carrier now reinstate Claimant
Silvas with seniority, vacation, all benefit rights unimpaired
and pay for all wage loss as a result of investigation held
June 14, 1984 continuing forward and/or otherwise made whole,
because the Carrier did not introduce substantial, creditable
evidence that proved that the claimant violated the rules enumerated in their decision, and even if claimant violated the rules
enumerated in the decision, permanent removal from service is extreme and harsh discipline under the circumstances.
FINDINGS: This Public Law Board No. 1582 finds that the parties
er~ein are Carrier and employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.
In this dispute, the claimant was charged for failing to report
for duty at Raton, New Mexico, May 24, 1984. Pursuant to the
investigation, the claimant was found guilty arid dismissed from
the service of the Carrier.
The Board has examined all the evidence of record and the evidence indicates that the claimant had an alcohol problem which
was the cause of part of his problems. On the date that the
claimant was scheduled to report for work he had an automobile
accident and was charged with driving while intoxicated. This
is an extremely serious charge, as evidenced by events which
have recently occurred causing several deaths in the operating
craft of the railroads. The Carrier is required to be extremely
careful to do the utmost in their ability to prevent their
employees from drinking while subject to duty. Apparently, the
claimant has entered an alcohol rehabilitation program.
In the event that the claimant successfully passes that program,
the Board finds that he should be reinstated with seniority and
all other rights unimpaired but without pay for time lost. The
claimant's reinstatement will not be effective until 90 days
have elapsed.
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this award within
tFlErty days from the date of this award.
Dated at Chicago, Illinois
September 18, 1984
/5$2 Award ho. 276
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