File MW-DECR-93-02


      Parties Brotherhood of Maintenance of Way Employes

      to and

      Dispute Norfolk & Western Railway Company


      Statement

      of Claim: Claim on behalf of R. Battle requesting that he be

      reinstated to service and paid for time lost, as a result of

      his dismissal from all service following formal

      investigation held on April 16, 1993, in connection with his

      being observed in violation of Rule G.


      Findings: This Board has jurisdiction of this case by reason of

      the parties Agreement establishing the Board therefor.

      The Claimant, R. Battle, on February 8, 1993,was

      regularly assigned as an anchor adjusting machine operator

      on a rail transposing gang. Other gang members were unable

      to awaken Claimant on the morning of February 8th in order

      to begin the day's work. That fact was reported to the

      Track Supervisor. The Track Supervisor and the Assistant

      Track Supervisor went to the Claimant's camp trailer about

      1:30 in the afternoon. They found him sitting on the edge

      of the bed. The Claimant advised that he was sick. When

      asked why, he told them he had been drinking the night

      before and that he was not in any shape to go to work. The

      two supervisors asserted that they could smell alcohol from

      the Claimant.

      The Claimant was notified to attend an investigation on

' the charge:
 i

              "For the incident on February 8, 1993 at approximately 1:30 PM in the camp car located at Federal Yard, you were observed to be in violation of Operating Rule G of the Norfolk Southern Operating Rules."


              As a result of the investigation, Carrier concluded culpability of the charge. The Claimant was dismissed from service as discipline therefor.


                Rule G reads:


              "An employee who reports for duty under the influence of alcohol or other intoxicant, cannabis in any form, amphetamine, a narcotic drug, a hallucinogenic drug, any

                                      pL~B /7&0

                            -2- Award No. 150


        controlled substance, as defined by Federal law, or a derivative or combination of any of these or who uses any of the foregoing while on duty, will be dismissed. Possession of any of the foregoing while on duty, or possession, use, or being under the influence of any of the foregoing while on company property, or occupying facilities provided by the company, is prohibited."


        The Board finds that there are circumstances that serve to mitigate the discipline accorded Claimant. The Board will conditionally reinstate Claimant to service with all rights preserved but without pay for the time out of service subject to his entering and successfully passing the OARS program and thereafter being placed in a probationary status for one year's basis. During this period he will have the right to be protected under his discipline rule. If the Claimant does not accept this understanding within 30 days of being notified therefor and act thereon, the claim will be then denied and the Claimant will remain dismissed.


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.


        S. A. H mmo s, Jr.; Em loy Member E. N. Jacob Jr., Car i Member


                  l


                i

                  Arthur T. Van Wart, Chairman and Neutral Member


Issued July 30, 1994.