AWARD NO. 350
Case No. 384
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )'
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM: That the Carrier's decision to remove
Albuquerque Division Trackman C. R. Lowden from service
after investigation May 23, 1986, was unjust; That the
Carrier now reinstate Trackman Lowden with seniority,
vacation, all benefit rights unimpaired and pay for all
wage loss as a result of investigation held May 23, 1986,
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 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 a formal
investigation at Winslow, Arizona, on Monday, March 24, 1986
concerning his alleged violation of Rule 6, General Rules
for the Guidance of Employes, Form 2626 Std., while on Company property at Winslow, Arizona, March il, 1986, and Rule
15, General Rules for the Guidance of Employees, Form 2626
Std., being absent from Switch Gang 303-23 without proper
authority on March 11, 1986.
The investigation was postponed and held on May 23, 1986.
Pursuant'to the investigation the claimant was found guilty
and dismissed from the service of the Company, by letter
dated May 28, 1986.
Rule 6 prohibits the use of alcoholic beverages, intoxicants,
drugs, narcotics, marijuana, or controlled substances by employees subject to duty, when on duty, or on Company property.
Rule 15 requires that employees must report for duty at the
prescribed time and place.
Roadmaster's Clerk J. B. Edwards testified that at approximately 10:00 a.m. on March 11, 1986, she noticed a man
standing at her desk window and asked if she could help.
The man stated he wanted to see about getting some money
isea-
Award No. 350
Page 2
and stated that he was C. R. Lowden. The crew clerk asked
him if he was supposed to be working and he said, "Yeah".
The crew clerk stated that at that time she could smell the
aroma of alcohol, and she asked Assistant Division Engineer
Walt Smith if he could help the claimant.
Mr. Smith went out in the hallway and talked with the claimant for a few minutes. Then they both went into the Engineer
Division office.
Mr. W. N. Smith, Assistant Division Engineer of the Albuquerque Division, testified that the claimant was assigned
to Switch Construction Gang 303-23 on March 11th and that
the Gang's headquarters were located in Winslow, Arizona.
The Gang was performing work at Hibbard, Arizona, which is
approximately seven miles from Winslow. The Gang's assigned
hours on that date were 7:30 a.m. until 4:00 p.m., with a
half hour for lunch. The claimant did not report for duty
on March 11th and did not have proper authority to be absent.
Mr. Smith also testified that the claimant admitted he had
not contacted the foreman to get proper authority to be
absent.
Mr. Smith also testified that he could smell alcohol on the
claimant's breath, and the claimant admitted having two beers.
He further stated that he offered to get the claimant in contact with the counselor, but the claimant advised him he had
already contacted the counselor two or three times and had
never gotten involved in a rehabilitation program.
The claimant was not present for the investigation. The evidence in his absence indicates that he is unable to solve his
alcohol problem in order to retain his job. Under the circumstances, there is no justification for setting the disci-
pline aside.
AWARD: Claim denied.
Dated at Chicago, Illinois
July 25, 1986 Preston oore, Chairman
Union Member
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