b






      PARTIES Brotherhood of Maintenance of Way Employes

      _TO

      DISPUTE: and

      Louisville and Nashville Railroad Company

      STATEMENT (I) The dismissal of Cook W. A. Cotton for al

      _OF

      CLAIM: legedly "being absent from his job and for use

      of intoxicants while on duty" was without just

      and sufficient cause and on the basis of unproven

      and disproven charges (System File 1-12 (7.0) (79)).

      (2) Cook W. A. Cotton shall be reinstated with

      seniority and all other rights unimpaired and

      compensated for all wage loss suffered.

      FINDINGS: Claimant, a cook with Timbering Gang No. 50,

      was dismissed for being absent from his job and

      using intoxicants while on duty. He had about

      five years service.

      There is credible evidence in the record that

    he had been absent without permission or adequate explanation,

    unduly long on the morning in question and that his eyes were

2

 bloodshot, his face flushed and the odor of alcohol was detected
 on him upon his return to the gang's campsite. We are satisfied
 that Carrier's findings are supported by the record.
 It is our opinion that claimant should be given
 another opportunity to demonstrate that he can be relied upon by
 Carrier for responsible service. We will direct. Carrier to offer
 him reinstatement with seniority rights unimpaired, but ,without
 back pay just as soon as an official of its Employe Assistance
 Program notifies Carrier that claimant has entered that Program
 and is participating in it and is ready to resume his duties as
 a cook.

 Claimant to be reinstated without back pay subject to the conditions mentioned above in the last sentence of the Findings.

 Adopted at Louisville, Kentucky, February 27, 19$1.

 garo'ld M. Weston, Chairman

 C rier Member

    001


Employe Member