PUBLIC LAW BOARD N0. 2439
Award No. 19
Case No. 19
PARTIES Brotherhood of Maintenance of Way Employees
TO
and
DISPUTE Southern Pacific Transportation Company (Pacific Lines)
STATEMENT "1. That the Carrier violated the provisions of the current Agreement
OF CLAIM when on February 23, 1979 it suspended Mr. Richard A. Torres for
a period of twenty (20) working days on charges not supported by- -
the hearing record, said action being excessive, unduly harsh and
in abuse of discretion.
2. That Claimant Torres be paid for all straight time and time and
one half hours which he lost while suspended from his position
as Foreman on Extra Gang No. 32 commencing February 3, 1979 and
continuing through March 4, 1979."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act, as amended, and
that this Board is duly constituted under Public Law 89-456 and has jurisdiction of
the parties and the subject matter.
This is a Rule G case in which Claimant was alleged to have been found having been
under the influence of alcohol while at work on February 3, 1979. Subsequent to the
incident herein an investigation was held and as a result of the investigation Claimant was found guilty and penalized to the extent of a twenty working day suspension.
It is noted that Claimant at the time had thirty years of seniority with Carrier and
was a Foreman.
The evidence indicates that Claimant and members of his gang had worked eleven hours
on February 2. Subsequent to that time Claimant was called back to work at 10:30 P.M.
on the same night due to a snow storm which required his gang to perform the work
of removing snow from switches on the main line tracks. Subsequently, after a num-
ber of other events the truck in which the gang was riding became stuck in the snow
and the mud and another truck was dispatched to remove it from the mire. The second
truck became mired down as well. Claimant radioed for further assistance and at
approximately 5:50 A.M. such assistance came at which time the Roadmaster transported Claimant back to headquarters alleging that he was in violation of Rule G. After
Claimant was removed from service, pending a formal hearing, the Roadmaster returned
to the location of Claimant's truck and in the presence of other foremen searched the
truck and produced a whiskey bottle from the front seat. At the investigatory hearing, Claimant while admitting that he took some drinks at dinner on the night in question, denied having been under the influence of alcohol and having had drinks later
that night.
From the entire transcript of the investigation, it is evident that Carrier had substantial evidence upon which to base its conclusion that Claimant was in violation
of Rule G. Furthermore, the credibility question was resolved by the Nearing Officer
in favor of the Carrier's position.
With respect to the measure of discipline imposed, Carrier insists that sqch discipline
was lenient. In view of the circumstances including Claimant's long years of service
and the fact of the bad conditions and long hours of work on the day in question,
Carrier can be commended for the leniency of its discipline. There is no doubt but
that drinking or being under the influence of alcohol on the job is a seriousoffense
in this industry as well as in other aspects of our business world. Under all the
circumstances herein, there is no basis for disturbing the discipline imposed.
AWARD
Claim denied.
'~CfPFt member
Myrrh
. 1980
I.M. Lieberman, Neutral -Chairman