SPECIAL BOARD OF ADJUSTMENT 1063
Case No. 262
Award No. 262
PARTIES TO DISPUTE:
Brotherhood of Locomotive Engineers
and
Norfolk Southern Railway Company
Norfolk and Western Railway Company, et al.
STATEMENT OF CLAIM:
Claim of Lake Division Engineer M. G. Verhoff for
reinstatement to service and pay for all lost time
after dismissal for his failures to comply with Rule G
during an FRA mandated random breath alcohol test
conducted at Bellevue on December 7, 1997.
OPINION OF BOARD:
This is a Rule "G" case. Claimant and his crew were
randomly selected under FRA guidelines to participate in a breath
alcohol test, when reporting for duty on December 7, 1997, for
Train M79. The initial test registered .053 SAL and the
confirmatory teat indicated .049 BAL. As a result of these
positive indications, Claimant was charged with a violation of
Rule "G". Following a formal investigation, Claimant was
dismissed from the service.
On appeal, the Organization asserted the Carrier did not
comply with the contractual provisions requiring the Claimant to
be notified within ten (10) days of the occurrence. They also
insist the postponed hearing was beyond the time limits,
therefore, the claim should be sustained as presented.
The Parties were unable to resolve the dispute on the
property, so it has been progressed to this Board for decision.
The Claimant was notified of the time, date and plane of the
hearing by the Organization and afforded an opportunity to appear
in support of his claim.
Our review of the procedural arguments initially advanced by
the organization on appeal suggests they were waived when the
Organization and Carrier mutually agreed to reschedule the
investigation and Claimant was admittedly notified. As
information only, we note there was a different address "5186
Windmere Drive" on the first certified notice, than that which
appeared on the second certified notice "5188 Drivemore Road",
both with the same town, state and zip code. -
SBA 1063
Case No. 262
Award No. 262
Page Two
In any event, this was Claimantfa first encounter with a
Rule "G" violation, so we are not disposed to increase his
financial burden by prolonging his dismissal. Claimant should be
restored to service, with seniority unimpaired, but without
compensation, with the understanding he pass the required
physical examination for return to service employees.
FINDINGS:
The Agreement was violated.
AWARD:
Claim sustained to the extent provided in the Opinion.
ORDER:
The Carrier will place the Award into effect within thirty
(30) days of the effective date.
Dated at Norfolk, Virginia, this if Z~c day of ~ ~--,
1998.
W. F. ke Neu al Member
. Weaver, Car er Member
P. T. Sorrow, Organization Member
40
Carrier File: OE-CO-98-13