Parties to the Dispute
PUBLIC LAW HOARD N0. 3542

Pennsylvania Federation Brotherhood of

Maintenance of Way Employes


Consolidated Rail Corporation

 STATEMENT OF CLAIM
(a) That John A. Keeler, employed May 12, 1976, be restored to service with seniority rights and all other privileges provided for by either agreement or past' practice. That he be compensated for all time lost until such time he is returned to the service of the railroad.

 (b) That John A. Keeler's record be cleared of all charges brought against him.

 OPINION OF THE BOARD
Claimant John A. Keeler, Jr., a Trackman at Williamsport. Pennsylvania, was charged with "conduct unbecoming when you urinated on Company dining table, floor, and refrigerator in 5E-234 k;Lechen car." A hearing was held on June 24, 1982, at which Claimant was found guilty and dismissed from service.

Case No. 10
 PLB-3542 Awd. If13
 Case 110

 that while a finding of guilt was well supported, a punishment of dismissal was extreme in light of mitigating circumstances.
 Carrier need not tolerate deviant or socially unacceptable behavior from those in its employ. It is not the view of this Board, however, that all transgressions automatically entail dismissal. There must be some consideration of the circumstances surrounding an event and proper adherence to progressive discipline. Given the Claimant's family problems (his mother had recently been diagnosed as having cancer) and his drunken state (Claimant was unaware of his actions at the time), it is this Board's opinion that Claimant should be given another chance and be reinstated.with full seniority rights intact. This is done without back pay and with the understanding that incidents of this kind must not reoccur.





RrrE. Dennis, Neutral Member

 J. odd, Employe Member R. 0 y(eil, Carrie Member

 Date of Adoption