· PUBLIC LAW BOARD NO. 2556



                                            Docket No. MW-368


Parties Brotherhood of Maintenance of Way Employes
 to and
 Y
 Dispute Southern Railway Company

 Statement
 of Claim:' Claim of former Laborer C. E. Smith that he be
 reinstated and paid for all time lost as a result of
 his dismissal on June 5, 1981 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.

 The Board finds Claimant was accorded the due process to which he was entitled under Agreement Rule 40.

 There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's guilt in violating Rule G.

 There wereacircumstances which serve to mitigate the discipline assessed. Claimant had over 22 years service. 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 enter and complete Carrier's Alcohol Rehabilitation Program, and if Carrier's Rehabilitation Counselor be satisfied, the Claimant is. to thereafter enter a Local AA Program and attend their meetings with regularity for the duration of a one-year probationary status into which he is herewith placed.


      The Claimant must also pass the Carrier's return to service physical examination.


If these conditions of cond5.tional reinstatement are not satisfactory, to Claimant and he either affirmatively or, in the alternative, fails to accept and respond to these conditions within 30days after notification, his claim will be considered denied as of that time.
                            - 2 - Award No. 21 °~.~ S5b


Award: Claim disposed of as per findings. '
 Order: Carrier is directed to make this award effective
 within thirty (30) days of issuance shown below.
 y _ '7
 1

 B. . Hall, Employee Member D.. N. Ray, carrier member

                      ^ . _ G re l .__ . .f . .:


                        Arthur T. Van Wart, Chairman and Neutral Member


Issued May 16. 1983