Award No. I Case No. 1


PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT "Discipline case of C. D. Smith, Foreman, Chesa
 OF
 CLAIM: peake Division--Dismissal."
 FINDINGS: Carrier's finding that claimant violated Rule G's
 prohibition against being under the influence of al
 coholic beverages while on duty is supported by sub
 stantial credible evidence consisting of testimony
 by Assistant Supervisor Steely and Trainmaster
 . Dougherty. That evidence indicates that at the time
 in question the odor of alcohol was detected on claim
 ant's breath, his actions were lethargic, he had diffi
 culty making communications understood over the tele
 phone and he gave no leadership to his crew.
 Though claimant denies being under the influence of

 alcohol, the testimony of Messrs. Steely and Dougherty provides
 AVo y

 sufficient basis for Carrier's conclusion that Rule G was breached by claimant. Such extreme disciplinary action as dismissal, however, appears to be excessive. There is no indication' that claimant acted obstreporously or had ever previously been disciplined for a like offense.
 We will direct Carrier to offer claimant immediate reinstatement with seniority rights unimpaired but without back pay.

 AWARD:

 .:-I ac.P.f)

 Claimant reinstated without back pay.

 Adopted at Philadelphia, Pa.,


Employe Member