i
PUBLIC LAW BOARD NO. 1844
A14ARD h0. 4 3
CASE h0. 56.
PARTIES `TO THE DISPUTE
:
Brotherhood of Maintenance of Way Employees
and
Chicago and North Western Transportation Company
STATEMENT OF CLAIM
:
"Claim of the system Committee of the Brotherhood that:
(1) The dismissal of B&B Carpenter Stanley Chism, effective
September 17, 1977 was without just and sufficient cause
and wholly disproportionate to the alleged offense
(System File D-11-17-232).
J
' (2) B&B Carpenter Stanley Chism be returned to service with
all rights unimpaired because of the. violation referred
to within Part (1) of the claim.
(3) That Stanley Chism now be compensated for all time lost
and the discipline be stricken from his record."
OPINION OF BOARD;
Claimant was employed-as a B&B Carpenter until his dismissal following
bearing and investigation for violation of Rule G on September 17, 1977.
Specifically, Claimant was found to be under the influence of. alcohol while
on the job.
. Evidence adduced at the hearing shows that Claimant'.s foreman smelled
alcohol and noticed Claimant's disoriented and confused behavior while
giving him work instructions at the start of his shift. The foreman ordered
Claiman to change out of his work clothes and go home. One hour later the
foreman encountered Claimant still in the Carpenter Shop at which brae
officers from Carrier's Police Department were called in to interview
Claimant along with the foreman. The results of that interview are enterea
on an Alcohol Influence Report Form (AIRF) which was introduced at the
hearing. Also, each of Carrier's officers and the foreman testified regarding symptoms exhibited by Claimant on that morning. Claimant also testified,
admitting that he had consumed some alcohol the night before but denying that
he had taken a drink that morning. The overwhelming evidence supports
Carrier's conclusions regarding Claimant's state of intoxication. Claimant
had been dismissed previously for violations of Rule G but reinstated on a
leniency basis on April 11, 1977 for a six-month probationary period. In
the circumstances we cannot find the instant termination for another proven
violation of Rule G excessive or unreasonable. The claim must be denied.
See, Awards 3-2240 and 1-23025.
` FINDINGS:
Public Law Board No. 1$44, upon the whole record and all of the evidence,.
finds and holds as follows:
1. that the Carrier and Employee involved in this dispute are,
respectively, Carrier and Employee within the meaning-of the Railway Labor
Act;
Z. that the Board
has jurisdiction
over the
dispute
involved herein;
and
3. that the Agreement was not violated.
AWARD
Claim denied.
Dana E. Eischen~Ch~i~,n
H. G. Harper, Emgloyev Member
Dated:
R. W. Schmiege, Carriez''Member