Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The dismissal of Foreman E. Dolphin on the
OF
CLAIM: charge that he reported for duty on July 19,
1977 under the influence of intoxicants and/
or narcotics was without just or proper cause
and on the basis of unproven charges.
2. The Carrier shall reinstate Claimant Dolphin
to service and extend to him all the other bene
fits and remedies proscribed in the first para
graph of Rule 27(f).
FINDINGS: Claimant was dismissed after a hearing had
been held on due notice on the basis of Car
rier's findings that he was under the influence
of intoxicants and/or narcotics in violation of
Rule G while on duty on July 20, 1977. Claim-
ant was well represented at the hearing and had fair opportunity
to present his case and cross-examine. There is no' indication
of any prejudicial procedural error. The fact that the letter
of charges incorrectly referred to July 19 as the date of the
incident does not constitute a material defect; claimant was
not misled or handicapped by the insertion of the wrong date.
There is evidence'consisting of testimony by
Gang Supervisor Jones that claimant's eyes were glassy, that
he was in no condition to be on the property on the day in question, and that he was under the influence of alcohol and had a
strong odor of alcohol on his breath. That testimony, although
controverted by four employes, is sufficiently credible and substantial to support Carrier's findings in this matter. In line
with well-settled Adjustment Board principles and practices, we
will not set aside those conclusions. We are of the opinion,
however, that claimant should be given another chance and will
direct Carrier to offer him immediate reinstatement with seniority rights unaffected but without back pay.
AWARD: Claimant to be reinstated without back pay.
Award to be effective within 30 days of adoption.
Ad pted at Louisville, Kentucky, 774,cx-7v,40~/ i o. 1979.
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H rold M. We s~hairman
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