PUBLIC LAW BOARD N0. 2556
Parties Brotherhood of Maintenance of Way Employes
to
and
Dispute Southern Railway Company
Georgia, Southern and Florida Railway Company
Statement
of Claim:. Claim on behalf of R. M. Miller for reinstatement with
seniority and other rights unimpaired and pay for all
time lost subsequent to November 18, 1980; account
dismissed for violation of Rule G.
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 Agreement dated October 17, 1979, that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held.
Claimant, a long time Mof:4 B&B Foreman, following an investigation
was dismissed from service, as a result of violating Rule "G."
The Board finds Claimant was accorded the due process to which
entitled under Agreement Rule 40.
There was sufficient evidence adduced, including Claimant's written
admission (p. 25-26), to support Carrier's conclusion as to Claimant's
guilt in violating Rule "G."
There were circumstances which serve to mitigate the discipline
assessed. Claimant, who had over 36 years service, has now been out
of service over one year; had voluntarily
entered and apparently
satisfactorily completed an alcoholic rehabilitation program. However,
there is a cast of doubt on Claimant's subsequent progress.* The Board
will conditionally reinstate Claimant to service with all rights
unimpaired but without any pay for time out of service, subject to the
following conditions: Claimant is to pass the necessary return-to-service
Award No. 16
Case No. 20
Docket No. MW-296
~1 ly
APB Ia ;e.j3
OFFICE OF NE PPE
SOU1'FIEASTERM RFGIt
-2- Award No. 16
examinations; thereafter, Claimant is to review his performance and
problem with Carrier's Employee Rehabilitation Counselor at Knoxville,
Tennessee, and if the Counselor be satisfied, the Claimant is to enter
a Local AA Program and attend. their meetings with regularity for the
duration of his one-year probationary status into which he is herewith
placed, subject to any proper and reasonable reasons for any absence
therefrom.
If these conditions of conditional reinstatement are not satisfactory
to Claimant and he either affirmatively or, in the alternative, fails
to accept and respond ~to these conditions within the 30-days after
notification,, his claim will be considered denied as of that time. --
An Interim Award was rendered December 14, 1982 disposing of this
case on the above conditions.
Award- Claim disposed of as per findings.
a , Eoye Member R.
5.
5ens i,Carrier Member
l ~ _