SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 286
Case No. 286
File 247-7151
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
Statement
of Claim: (1) Carrier violated the current working agreement,
especially Rule 12, when on August 22, 1985, Trackman Frank
Gloston was taken out of service due to Chief Medical Officer
Rouse's notice.
(2) Claimant Frank Gloston should now be allowed eight hours
compensation for each workday, including any overtime which
would have accrued to him and any holidays falling therein
beginning August 22, 1985, continuing until he is permitted
to fill his position as Trackman with all his seniority and
vacation rights unimpaired.
The Board has jurisdiction of this case.
Claimant Trackman has been suffering from hypertension and
alcoholism over the last some six years of his employment. This has
necessitated his adherence to a regimen of quarterly blood pressure
checks and a commitment to a alcoholism rehabilitation program
monitored by his Employee Assistance Program Counselor.
The record supports the conclusion that Claimant has a problem
which he must deal with and overcome. His refusal to fulfill his
obligations within the framework of the Employee Assistance Program is
the cause for his status at the present time.
Therefore, Claimant will be offered the opportunity to again
participate in and to comply with the requirements of the Employee
Assistance Program. Claimant must pass that program in order to be a
full fledged employee again. His failure to comply within 30 days of
the notification thereof will cause the claim to be denied and the
case closed at that time.
Award: Claim disposed of as per findings.
Order: Carrier is directed to e w ff Aive within
thirty (30) day of dat of i ua ce w felow.
S. Hammons, r., Empl ee Member J. S Anon, Carrier Member
i
' .~wL~i..~sc. ~
Arthur T. Van Wart, Chairman
and Neutral Member
Issued May 28, 1988.