PUBLIC LAW BOARD N0. 1850
Award No. 23
Docket No. 72
BMWE File CRRG-1808
Carrier File 2-MG-2033
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute The Baltimore and Ohio Railroad Company
Statement Claim filed on behalf of Central Region Rail Gang Foreman
of Clarence E. Taylor for restoration of his seniority
Claim unimpaired and reimbursement for all time lost at the
.: applicable rate of pay as a result of the discipline of
dismissal administered to Mr. Taylor following hearing
held on October 11, 1977, where it was found that he was
under the influence of intoxicants while on duty at
approximately 8:30 a.m. on September 22, 1977, about
one mile west of Ravenna, Ohio.
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 Agree
ment dated October 27, 1976, that it has jurisdiction of
the parties and the subject matter, and that the parties
were given due notice of the hearing held.
There is no factual dispute between the parties. Claimant
was dismissed after being accorded a proper hearing in
connection with a violation of Rule "G". There is no
question but that the record supports the Carrier's
conclusion as to Claimant's guilt.
It was clear at the hearing and our subsequent investigation
' PL G 1850 ° . .,
Award No.
23
Page 2
of the case that Claimant has a drinking problem.
However, Claimant has now recognized and admitted that
he is an alcoholic. He has attempted to enter the AA
program. The Board recognizes that there is no connection
between the formal discipline system and Carrier's enlightened and progressive establishment of.an Employee
Assistance Program which assists in salvaging and protecting
their investment in an employee. A keystone step to the
success of any such program is that a participant
receive encouragement as to its purpose and the need to
successfully complete same.
The Board
will.conditionally reinstate
Claimant without
s
pay providing that he first enters an AA Program, or
the Company Employee Assistance Program and that he
produce a statement from the Supervisor of either Program
that Claimant has been abstinent for a protracted period
of time and that he can safely assume his duties as a
Trackman. Concurrent therewith, Claimant's seniority
will be given him and if during the subsequent six month
period he exhibits no further drinking problem his Track
Foreman rights will be also reinstated.
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.
PL6 185D
Award
No.
23
Page 3
e urp oyee e Member
W. C. Comiskey, Carrie em er-
1
Arthur T. Van Wart, Chairman
and Neutral Member
Issued
at Salem, New Jersey, April 15, 1980.