PUBLIC LAW BOARD N0. 1760
Docket No. MW-DEC-79-20
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement 1. Carrier violated the effective Agreement when Donald R. White
of was dismissed on June 27, 1979.
Claim 2. Claim that Donald R. White shall now be returned to his former
position as roadway equipment repairman with all rights unimpaired.
Findings The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the
meaning of the Railway Labor Act, as amended, that this Board is
duly constituted by Agreement dated February 2, 1976, that it has
jurisdiction of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
Claimant, a Roadway Equipment Repairman, employed for some 5 1/2
years, was dismissed from service, effective June 27, 1979, in connection with his unauthorized use of a company vehicle, carrying
an alcoholic beverage in a company vehicle, having an unauthorized
passenger other than a company employee in a company vehicle and
being involved in an accident, resulting in damage to company vehicle
at approximately 1:28 AM, Tuesday, June 26, 1979.
Claimant admitted that he had been drinking prior to driving the
company truck. However, he asserted that the accident was caused
by a faulty steering mechanism, which he had previously reported
and was not the direct result of his drinking. Claimant also pointed
out that since that incident he recognized.that he had a problem
Award No. 28
Page 2
and joined an~alcoholic rehabilitation service provided by his
community, that he has voluntarily, satisfactorily and enthusiastically
participated in the prescribed thereapy for over six months as per
the advice of the Chief Administrator of such services. The latter
recommended that Claimant was considered a good risk for re-employment.
The Board finds that there are circumstances in this case which serve
to mitigate the discipline assessed. Consequently, in view of Claimant's
service record,
the
personal
progress that he has made by going back
to and graduating from college, the high personal recommendations
and character references made by community representatives, but more
importantly that Claimant has achieved progress on his "problem"
by successfully completing the Employee's Assistance Program, as
well as joining AA and has been recommended as being a good risk
for employment purposes, we will, in keeping with the purpose of
such programs for salvaging employees who want help and so demonstrate
their desires,to protect the investment in such an employee, recognize
the cornerstone to achieving success in any such program by giving
personal encouragement. Therefore, we shall restore Claimant to
service with all rights unimpaired, but without pay for the time
out of service. However, Claimant is to be placed on a probationary
basis for an eight (8) month period. Continuance of Claimant's progress
rests with him.
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.
07'/6
LL
.i I.
ZL
M. C. Christie, Employee Member
PLC / ?60
-Award No. 28
Page 3
C7--
G. C, Edwards, Carrier Member
Ytrthur T. Van Wart, Chairman
and Neutral Member
Issued at Salem, New Jersey, November 26, 1980.