Claimant, an Engineer with 28 years of service, was dismissed as a result of his failing to stop before passing a red signal and for testing positive for alcohol.

Ordinarily, given the facts in this case and Claimant's prior record, this Board would not hesitate to uphold Claimant's dismissal. However, we note that Claimant's conductor on the date in question. J. D. Pierce, was dismissed for similar reasons, but was "returned to service, but only with entry into the companion program." PLB 3889,

Award No. 110 a & b. We also note that Claimant is a 28 year employee.

Under the circumstances of this case, Claimant shall be given the same opportunity as Pierce on a last chance basis, as follows:

First, within 14 days of the date of this award, Claimant shall enter the EAP.

Second, Claimant shall comply with all aspects of the program designed for him by the appropriate EAP counselor. As part of the program designed by the counselor, Claimant must regularly attend AA, NA, or equivalent type meetings, the frequency and type to be determined by the EAP counselor. Claimant shall also execute necessary releases so that the EAP counselor can regularly inform the Carrier of Claimant's progress and so that any medical records deemed necessary by the Carrier can be provided.

Third, the duration of Claimant's participation in the EAP shall be de-

PL8 5943. Award 28

G. L. Holloway

Page 2

termined by the EAP counselor, but Eighth, Claimant's reinstatement

shall be no less than two years. shall be without compensation for

Fourth, in addition to any time lost, but without loss of

drug/alcohol testing required by the seniority.

Carrier in the ordinary course or Ninth, Claimant shall be given a

through the EAP, Claimant shall be copy of this award by the Carrier

subject to random drug/alcohol and Claimant shall sign a copy ac

testing as determined by the Carrier. knowledging that he understands

This Board strongly recommends the contents of this award.

that Claimant be randomly tested $

on a very frequent basis. Claim sustained in accord with

Fifth, Claimant shall be permit- the opinion. i

ted to return to active duty only

upon clearance by the EAP coun

selor and by the Carrier and further Edwin H. Benn

contingent upon Claimant's passing Neutral Member

a return to duty physical.

Sixth, in the event Claimant fails

~--to comply with any aspect of the Carrier Membe

A. C. Hallberg

program designed by the EAP coun

selor, or if it is determined by the

EAP counselor that Claimant is not drganizaho4Mk Pr ,a

succeeding in the program, or if M. L. Royal, Jr.

Claimant fails to execute necessary v

releases called for in this award, or Fort Worth, Texas

if Claimant fails to comply with any

aspect of this award, Claimant shall Dated: ~ Z ~ ~~

be immediately discharged.

Seventh, if after the date of this

award, and for the duration of his i

employment with the Carrier.

Claimant should ewer test positive

on a random or other drug/alcohol

test. Claimant shall be immediately

discharged.