Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute Norfolk and Western Railway Company
 (Former Wabash)
 Statement
 of Claim: Claim on behalf of M. A. Brown requesting that he be
 returned to service and paid for all time lost since August
 9, 1988 when Claimant completed OARS program and was not
 allowed to return to service after being dismissed for
 insubordination as the result of a January 6, 1988
 investigation.

        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        Claimant Crane Operator, on September 17, 1987, was working on rail gang R-3 near Paris, Missouri. As a result of an incident occurring at approximately 7:00 AM he was cited to an investigation charged with:


        "being insubordinate ...when you use profane language to your immediate supervisor, H. A. Greenfield and General Division Engineer K. M. Kamenski."


        As a result of the investigation, Claimant was found culpable and dismissed from service as discipline therefor.


        Shortly thereafter Claimant entered Carrier's Drug and Alcohol Rehabilitation Service (DABS) program which he successfully completed. Claimant was not reinstated because of the Carrier's policy that completion of Carrier's DARS program does not give an employee dismissed for insubordination any demand right to reinstatement to service.


        Claimant was accorded the due process to which entitled under his discipline rule.


        There was sufficient evidence to support the conclusion reached by Carrier as to Claimant's culpability.


        There are mitigating circumstances which cause the Board to reinstate Claimant to service with all rights unimpaired, but without pay for time out of service and to place him in a probationary status for 6 months.-._ This is done without prejudice to Carrier's position that Claimant


                        1

                        -2- Award No. 111 - /' G°


        has no right to be reinstated after completing the DARS program because of the circumstances prevailing in this case.


Award: Claim disposed of as per findings.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


P" TO

              y m l~f,~E-~_rls~TA~TS. A. Ha110nd5, Emplo er L. F. ilerr., r Member-

                                                    EME.J7


                    "ICr`thur T. Van Wart, Chairman and Neutral Member


Issued February 23, 1990..