PARTIES Brotherhood of Mainteance of Way Employees
 TO and
 DISPUTE Atchison, Topeka and Santa Fe Railway Company
 STATEMENT "1. That the Carrier violated the Agreement
 OF CLAIM when on March 6, 1981, they suspended
 Plains Division Machine Operator, F. N.
 Quintanilla, and subsequently discharged
 him following an investigation conducted
 March 31, 1981, said suspension and dis
 missal being excessive and unduly harsh.
 2. That the Carrier further violated the
 Agreement when they failed to provide
 the Claimant, its Representative and the
 General Chairman a copy of the transcript
 of the investigation pursuant to Rule 13
 of the current Agreement.
 3. As a consequence of the violations referred
 to in Part 1 and 2 above, Claimant be re
 stored to the service with seniority, vaca
 tion and all other rights unimpaired and
 additionally be compensated for loss of
 earnings account the Carrier's improper
 action."

 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.
                                                  Ll5-a7> C/ .


In this disciplinary dispute, Claimant was dismissed after an investigation which was held on starch 31, 1981. As an 'in itial position, Petitioner insists that the process was flawed by the failure of Carrier to provide the Claimant and the Organization with a copy of the transcript of the investigation as provided in the Rules. From the record it appears that this oversight,' which was clearly incorrect as Petitioner claims, was corrected in'May of 1981. Further careful examination of the entire record indicates that the tardy furnishing of the transcript in no way prejudiced-Claimant's appeal rights and it is apparent that the Carrier's error did not deprive Claimant of due process. Thus, this flaw is insufficient to sustain Petitioner's position.

 The record indicates that the Claimant was charged with violation of Company rules by allegedly being careless of the safety of others, quarrelsome, being under the influence of alcoholic beverage and allegedly initiating an altercatianwith his Foreman. Carrier found him guilty of all of the charges at the conclusion of the investigation. The record of the investigation reveals that Claimant came to work in the morning but was alleged to have been under the influence of alcohol some six or seven hours later late in the afternoon. He admitted having had some beers, prior to going to work, and otherwise was clearly in violation of company rules with respect to the altercation with the Foreman. The organization points out that on the trip to the work site in the morning he was not found to be under the influence of
 . , PLB-2774
 AWD. N0. 45
 -3- CASE N0. 54

    alcohol and there was no evidence except for suspicion and implication that he ever was under the influence of alcohol while working.


    On balance, the Board concludes that the evidence produced, at the Hearing, was sufficient to support the Carrier's conclusion that the Claimant was guilty of the charges. Nevertheless, it is concluded that the penalty of dismissal, under all the circumstances of this matter, was too severe and harsh under the conditions which prevailed.-For that reason, the discipline involved will be changed to a disciplinary suspension and Claimant will be aeinstated to his former position.


    AWARD


                    1. Claim sustained in part; the discipline accorded claimant was harsh and too severe. The discharge will be reduced to a disciplinary suspension.


                    2. Claimant will be reinstated to his former position forthwith with all rights unimpaired but will receive no compensation for time lost.


    ORDER


                    Carrier will comply with the Award herein within

                thirty days from the date hereof. -


il

 14

 I.'-M. Lieberman, Neutralichairman

 G. M. Garmon. Car ier Member S. E. Fleming, Emplo ee Member

 February 8 · 198
 Chicago, IL - -