BRCU~HOOD OF MAINTENANCE OF WAY EMPLOYEES
and

 ILLINOIS CENTRAL RAILROAD

 PUBLIC LAW BOARD No. 4331: CASE No. 8





The Claimant, Mr. J.E. Grassel, was dismissed from employment with the Carrier for allegedly violating Rule G (using intoxicants while subject to duty) on August 13, 1986.

 There is substantial evidence from which to conclude that Mr. Grassed violated Rule G on August 13, 1986. Three persons observed Mr. Grassel on that date. They testified that Mr. Grassel emitted a strong odor of alcohol aril was unsteady on his feet. Additionally and most important, Mr. Grassed admitted at the worksite and testified at the hearing that he had conswned alcohol prior to reporting for work.

 Given that Mr. Grassel had been employed with the carrier for more than twenty-three (23) years and the length of time since his dismissal, we believe that discipline has served its purpose. However, before Mr. Grassel is returned to service, he must demonstrate substantial and satisfactory progress in the Employee Assistance Program.

Discipline has served its purpose. Mr. Grassed shall be returned to employment without backpay but with service restored. Mr. Grassed shall not be re-employed until the Employee Assistance Counselor certifies that Mr. Grassed has made substantial and satisfactory progress in the Employee Assistance Program.

                    Di ~ '~h tL-

                Ronald L. Miller

                Cha irman and Neutral Member


J. Gibb ins D. B.' Bartholomay
 Carrier Member Organization Member

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