Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly, constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
There is no dispute over the charges and the Carrier's sufifcient evidence of Claimant's culpability for the charges assessed. What is perplexing Is Carrier's refusal to grant Claimant, as a first-time violator of the Drug and Alcohol Policy, a waiver which many employees have been granted.
the Incident to 2005, when Claimant failed to comply with instructions when he failed to maintain safe braking distance while assigned as a Machine Operator. He was assessed a 30-day record suspension. It the Carrier believes this a serious Rule violation, why was not the discipline heavier. A record suspension with no lost time is only a half stop more serious than a formal reprimand.
Both Claimant and his Representative asked why the waiver was not granted. They received no response. in the appeal of the dismissal of Clement, they asked why the Carrier was ignoring the waiver procedure. There was nn response thereto. The Board has no grounds upon which it can determine why the waiver was not granted.
Regard the discipline of dismissal for a violation of the Rule on the property; however, Claimant has been out of service since September 22, 2006. His seniority rights art hereby reinstated, but he will not be permitted to use those rights until he contacts the EPA and follows their program. Failure to contact the EPA or failure to follow their guidelines will result In a permanent toss of seniority and employment rights. There is no pay for any lost wages.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) be made. The Carrier is ordered to make the award effective on or before 30 days following the date the award is adopted.