PUBLIC LAW BOARD - N0. 3514
Case 54 Award 54
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE: -
STATEMENT OF CLAIM: That Trackman R. Angersback was unjustly
dismissed from the service of the Carrier as a result of a hearing
held on September 22, 1981, and that he be reinstated to service
with seniority rights and other benefits unimpaired and compensation
for all lost time.
FINDINGS: In this dispute, the Claimant was dismissed for violating
Rule G: The testimony at.
the-hearing established
that he was
in
possession
of alcoholic beverages while subject to duty. Moreover,
the Claimant testified that he had a problem with alcoholic consumption,
thus providing
substance to
the basic charge levied by the Carrier.
while there are indications in the record that the Claimant has
taken steps to obtain treatment for his alcoholism problems, these
are factors to be considered by the Carrier and, under the facts and
circumstances of this record, are not properly before us for our
consideration.
The Board cannot find, under the evidence here, that the Carrier
has been unreasonable or unjust. The evidence supports the charge.
Accordingly, there is no support for the claim.
PLB No. 3514 C-54 A-54
Page 2
AWARD
The claim is denied.
T _
. Domz ci Eckehard Mues g J. P. Cassese
a ier M er Neutral Memb r Employee Member
APR 1 I 1985