AWARD No. 342
Case No. 361
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: Carrier's decision to remove Illinois
Division Welder Helper R. E. Oiler from service effective
August 7, 1984, was unjust.. Accordingly, Carrier should
be required to reinstate Claimant Oiler with seniority
rights unimpaired and compensate him for all wages lost
from August 7, 1984.
FINDINGS: This Public Law Board No. 1582 finds that the
parties herein 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 notified to attend an -
investigation
July
25, 1984 at Fort Madison, Iowa, to
develop the facts and place the responsibility, if any,
concerning his allegedly reporting for work under the
influence of an alcoholic beverage on July 5, 1984 at
Fort Madison, Iowa, in possible violation of Rule G, General
Rules for the Guidance of Employes, Form 2626 Std., as amended.
Pursuant to the investigation the claimant was found guilty
and dismissed from the service of the Carrier.
The evidence of record indicates that there was sufficient
evidence for the Carrier to find that the claimant was
guilty. The claimant was employed in 1978. On that basis
the only issue remaining is whether or not permanent discharge is too severe.
The Board has examined the claimant's discipline record and
finds that he has not been a model employee, to say the
least. He was suspended fifty-five days for being absent
from duty and late to work in 1981. There is no notation
in the claimant's discipline record of a prior violation
of Rule. G. The evidence is clear and convincing that the
claimant has had an alcohol problem. The evidence suggests
that he may have been guilty of violating Rule G previously,
but such is not established in the record. If such had been
the case, the permanent discharge would stand.
The claimant herein has stated that he recognizes he is an
alcoholic and has stopped drinking and is in a rehabilitation
program. The Board has grievous doubts whether the program
is sufficient or adequate to be successful. The claimant
PLB-1582 Award No. 342
Page 2
did have a clear record for several months and, hopefully, he
can become a good employee.
The Board must have grave reservations about reinstatement;
however, it is the finding of the Board that the Carrier
should grant one last opportunity to the claimant to perform
his work in a satisfactory manner. The claimant should be
aware that any pattern, such as being late to work or missing
work, which might indicate the use of alcohol will justify
permanent discharge.
The Carrier is directed to reinstate the claimant with
seniority and other rights unimpaired but without pay for
time lost and the above restrictions applicable.
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this award
within thirty days from the date of this award.
Preston Moore, Chairman
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Dated at Chicago, Illinois
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April 7,1986
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