PUBLIC IAW HOARD No.
4381: CASE
No. 27
FOOD OF ONCE OF
W EMPIDYEFS
AND
BLUU-Z~ NORISEEW RAILROAD MANY
SI2TEM CF T
1. The dismissal of Machine Operator D.D. Blomberg for
ally violation of Rule 'G' was excessive and an
abuse of discretion (System File
S-P-313C/AMB
84-ll-06) .
2. The claimant shall be reinstated with seniority and
all other rights um
Vii,-ed,
his record sha
I I
be
cleared of the charge leveled against him and he
shall be caqDensated for all wage loss suffered.
FINDI\r.S OF THE
On January
18, 1984,
the Claimant, Mr. Donald D. Blomberg was assigned to
a machine operator's pcsiticn. During the course of work that day, Mr.
Blomberg was observed by one of the Carrier's special agents to be
unsteady on his feet and to emit an odor of alcohol. Subsequently, Mr.
Blomberg admitted that he had consumed alcohol. during a time he was under
pay. Mr. Blomberg was
dismissed
from employment with the Carrier for
violation of Rules
565
and
566
(being under the influence of alcohol
while on duty and on many property). Following his
dismissal,
Mr.
Blomberg enrolled in the Carrier's Eiployee Assistance Program. However,
he did not successfully complete
the r
ehahilitatiari program and consequently the E.A.P. counselor did not recommend Mr. Blomberg's reinstatement.
Mr. Blomberg now contends that he has overcome his addiction, and asks
that he be given an opportunity to demonstrate his commitment to a new
life style. The Organization argues that special consideration should be
given to Mr. Blomberg's tavaty-seven (27)years of good service with the
Carner.
We believe that Mr. Blomberg's efforts to salvage his health and his
career warrant a last chance opportunity. If Mr. Blomberg has been
rehabilitated, discipline would then have served its purse. Because of
Mr. Blomberg's difficulties in the past in adhering to
the conditions
of
the E.A.P., we find it prudent that he serve a one (1) year probationary
period if and when he is certified by
the E
.A.P.
counselor to return to .
employment.
~f3~1-~
Qpan certification by
the E
.A.P. Counselor, Mr. Blomberg shall be
reed to employment with the Mxrier, with siEiority and other
rights
unimpaired, but without any compensation for time lost while cut of
service. For a twelve (12) month period following his reinstatement, Mr.
Blomberg shall serve a probationary period tuner conditions specified by
the E.A.P. counselor.
Ronald L. Miller
Q~irman
aid Neutral Member
~~JA_w_e. ~~/Ii~i.f.aJ
Maxim
Timha-n_ ·' - C
e G. `Glover
Carrier Member atim Member
(~ S .~ c'=me
Date