Public Law Board No: 3794
Parties to Dispute:
Brotherhood of Maintenance
of Way Employees
and
Seaboard System Railroad
Statement of Claim:
1. The 60-day suspension imposed upon Trackman M. Jordan
for alleged violation of Rule G was without just cause.
2. The Claimant's record shall be cleared of the charges
leveled against him and he shall be compensated for all wage loss
suffered.
Findings:
Claimant, an employee with 51 years service, did not report for
his assignment on September 25, 1984. His absence was due to the
fact that he had been held in jail after having been arrested and
incarcerated for driving under the influence of alcohol.
Carrier's finding that.discipline is warranted in this
situation is supported.by the record.
In determining the measure of discipline it was appropriate
for Carrier to take his prior record into consideration. That
record shows that he had previously - in April 1982 - been dismissed
for being intoxicated and unruly. He was reinstated on that occasion
on a leniency basis.
No persuasive reason is perceived for setting aside or reducing the 60-day suspension.imposed on Claimant in the present case.
PLB-3794 2.
Award 121
The fact that he was'off duty when arrested does not call for a contrary conclusion.
Award: - Claim denied.
Adopted at Jacksonville, Florida 1985.
Haro1 ~~1
~CV
estoa, Chairman
Car
ie
.embermployes Member