File MW-373


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Southern Railway Company

 Statement
 of Claim: Claim on behalf of Former Track Laborer J. E. Caldwell.
 requesting that he be reinstated with seniority and other
 rights-unimpaired and that he be paid for. all time
 lost as a result of his dismissal effective July 3, 1981
 for violation of Operating 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, was formerly employed as a Track Laborer on Carrier's Track Gang at Coosa Pines, Montgomery, Alabama. He reported for duty, on July 3, 1981, under the influence of an intoxicant. Claimant's Foreman observed that Claimant was not walking right and that he smelled of alcohol. He asked Claimant what was wrong. When Claimant advised that he did not feel good, the Foreman asked Claimant if he wanted to see a doctor. The Foreman told Claimant that he was in no condition to work. The Carrier's Agent, Terminal Control, also similarly observed Claimant. They arranged for a blood test which Claimant agreed to take. The results thereof of such test verified that Claimant was under the influence of alcohol. It reflected, apparently, that Claimant had a blood level test of 0.22. Claimant was removed from service.
 After an investigation held in connection with the violation of Operating Rule G, Claimant.was advised that he was guilty as charged and that he was dismissed from service as discipline therefor.
                            -2- Award No. 23 - S J~O


        Claimant was accorded the due process to which entitled.

        There was sufficient evidence adduced including Claimant's admissions

    and the blood alcohol level test, to support Carrier's conclusions as to

    Claimant's guilt and that Claimant was in violation of Carrier's

    Operating Rule G. ' -

' Claimant has been out of service over a year. In view of Claimant's
    unblemished service record of 12 years the Board concludes that the discipline

    is excessive. Claimant will be conditionally reinstated to service with

    all rights unimpaired but without pay subject to the. following: He is

    to review his status with Carrier's Employee Rehabilitation Counsellor who

    will determine whether Claimant has an alcohol problem. Subject to

    passing said counsellor's examination and participation in~the program and

    necessary medical examinations Claimant thereafter will be returned to

    service and placed in a probationary status for a one year period. He

    is reminded that any violation of such status; if proven, is sufficient

    cause for dismissal.


    Award: Claim disposed of as per findings.

    Order: Carrier is directed to make this-Award effective within

    thirty (30) days. of date of issuance shown below.


    r 4a H~,--,-

                m' oyee ember _ ay, Carrier Me m r


                    -A,Fthur T.. Van Wart, Chairman and Neutral Member


    Issued September 10, 1983. :-