SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No.
/!Z
Docket No. 119
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: 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 T.L. Steffen for alleged
violation of Rule G was without just and sufficient cause and
on the basis of unproven charges. [Organization File 4sW-1100 D;
Carrier File 81-86-104 D]
(2) B&B Carpenter Steffen shall be reinstated with seniority and all
other rights unimpaired and compensated for all wage loss
suffered."
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
At about 9:00 a.m. on April 15, 1986, Claimant's supervisor
allegedly detected the odor of alcohol on Claimant's breath. Claimant
performed a field sobriety test, then submitted to a blood alcohol
test, which showed an alcohol content of .073. Claimant subsequently
was directed to attend a formal investigation of the charge:
Your responsibility for violation of Rule G and Rule G (Addition)
of the General Regulations and Safety Rules while on duty at
Trenton, Missouri, at approximately 9:00 A.M. on April 15, 1986.
The investigation was held as scheduled, and a copy of the transcript
has been made a part of the record. We find that the investigation
was conducted in a fair and impartial manner.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of a Rule G violation. Not
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gay- i m
only was there a great deal of Carrier evidence to that effect, but
the Claimant admitted that he was in violation of the rule.
Once this Board has determined that there was sufficient evidence
to support the guilty finding, we next turn our attention to the type
of discipline imposed on the Claimant. This Board will not set aside
a carrier's imposition of discipline unless we find it to be
unreasonable, arbitrary, or capricious. In this case, the Claimant
had nearly 16 years of service with no serious discipline, other than
absenteeism. The record also reflects that the Claimant admitted his
wrongdoing and apparently realized the seriousness and extent of his
problems. We therefore find that discharging the Claimant was
unreasonable, and we order that he be returned to service with the
period that he has been off to be considered a lengthy suspension. We
also order that the Claimant be required to attend some type of
alcoholism counseling as part of his continuing rehabilitation.
Moreover, we order, as a condition precedent to his continued
employment, that Claimant agree to totally abstain from alcohol and
remain in the alcohol rehabilitation program until that program finds
that he no longer must continue.
Award:
Claim sustained n part s set forth above.
Neutral Member
_ r '
r ie Member '`0r anization Membe
Date:~3~/~'P~
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