PUBLIC LAW BOARD N0. 2774
Award No. 133
Case No. 133
PARTIES Brotherhood of Maintenance of Way Employees
TO and
D17UTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the dismissal of Trackman M. M. Navarez was
UCLA-IM' without just and sufficient cause and in violation
of the provisions of the current agreement.
2. That Carrier shall now be required to reinstate
Claimant Navarez to his former position, that is,
with seniority and all other rights restored unim
paired with compensation 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 had been employed by Carrier as a Trackman on July 16, 1983. Following an
investigation, on August 8, 1983, claimant was removed from service and dis-
missed based on a charge that he had been using alcoholic beverages and was un
able to safely perform his duties in violation of Carrier's rules. The evidence
at the investigation revealed that claimant's Foreman smelled alcohol on his breath
and h e subsequently was found to have been drinking heavily until 1:30 in
the morning the night before, reporting to work at 7:00 A.M. on Monday.
There is no doubt with respect to claimant's guilt in this matter. Carrier was
justified in its conclusion that discipline was necessary. It is noted, however, that at the hearing claimant's representative recommended strongly that
claimant be permitted to enter Carrier's Employee Assistance Program to attempt
to deal with his alcohol problem. It is believed that in this instance, in view
of claimant's past record, this recommendation warrants implementation. This is
true, particularly in view of claimant's past record and ten years plus service
' PLB No. 2774
Award & Case No. 133
_2-
with Carrier. Therefore, it is this Board's view that claimant should be reinstated to his former position with all rights unimpaired without compensation
for time lost, conditioned however upon a recommmendation from the Employee Assistance Counselor that he is ready to return to work. Until and unless that recommendation is received, claimant will not be reinstated.
AWARD
Claim sustained in part in accordance with the
findings above.
ORDER
Carrier will comply with the award herein within
thirty (30) days from the date hereof.
. Lie erman, eutra - airman
rmon, Car· er ember C. . oose, Employee Member
Chicago, Illinois
April, 1985