PUBLIC LAW BOARD
NO. 2774
Award
No. 117
Case
No. 117
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE The Atchison, Topeka and Santa Fe Railway Company
STATEMENT
"1. That the dismissal of Trackman Frank Tafoya was
OF CLAIM without just and sufficient cause and in abuse
of discretion.
· 2. That Claimant Tafoya now be reinstated to the
service of The Atchison, Topeka and Santa Fe
Railway Company with seniority and all other
rights restored unimpaired and that he be compen
sated for all wage loss suffered."
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.
Claimant was discharged following a formal investigation held on January 6, 1983. He had been charged and found responsible for having
been under the influence of an intoxicant and acting in a quarrelsome
and vicious manner while on duty.
The evidence set forth in the transcript of the investigation clearly
supports Carrier's conclusion that claimant was under the influence of
alcohol and also refused to obey his Foreman's instructions to go
home on the day of the incident. Additionally, in the course of the
investigation claimant admitted that he had a drinking problem.
In addition, the record indicates that claimant had been disciplined
on several occasions, including one instance in which he was suspended
for some six months for possession and use of alcoholic beverages
while on duty. It is the Board's view that based on the evidence
PLB No. 2774
Award & Case No. 117
adduced at the investigation, Carrier had substantial proof of claimant's
guilt of the charges. His past record and the circumstances of the
problem indicated in this dispute clearly dictated dismissal on the part
of Carrier and there is no basis for disturbing that decision. The
claim must be denied.
AWARD
Claim denied.
1.19. Llebe man, Neutral-Chairman
C. F. Foose, Employee Mem er G. M. armon, C rr
ex
Member
Chicago, IL
December/
7,
1984