SPECIAL BOARD OF ADJUSTMENT NO. 1049
AWARD NO. 192
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of C. D. Young, requesting that he be made whole and returned to
service with pay for all time lost with seniority, vacation unimpaired as a result of his
dismissal from service following a formal investigation held on February 12, 2009, in
connection with violation of Norfolk Southern Safety and General Conduct Rule GR-26
concerning sleeping on duty while assigned as a Machine Operator on the Anchor
Machine on August 13, 2008.
(Carrier File MW-CN-08-23-SG-464)
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly
constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
AWARD
After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that
the claim should be disposed of as follows:
The record is clear that on August 13, 2008, at the beginning of the shift, while the gang was in a siding
waiting to move out, Claimant was found asleep. Claimant attributed the offense to abuse of prescription
drugs. After being removed from service, Claimant, at his own initiative, entered Carrier's Drug and
Alcohol Rehabilitation Services program and successfully completed the program.
We emphasize the seriousness of Claimant's offense. Sleeping on duty is generally a dismissible
offense. Furthermore, there is no rule that enrollment in a substance abuse program will automatically
mitigate against discharge.
SBA No. 1049
Award 192
In the instant case, however, considering all of its peculiar facts and circumstances, particularly Claimant
having enrolled in and completed the DARS program on his own initiative, we find the penalty of
dismissal to be excessive. Claimant shall be reinstated to service but without compensation for time held
out of service and he shall forfeit his Machine Operator seniority.
,r~
M. H. Malin
Chairman and Neutral Member
T. . Kreke - f D. L. Kerby
Organization Member Carrier Member
Issued at Chicago, Illinois on September 24, 2009