SPECIAL BOARD OF ADJUSTMENT NO. 924
Award No. //S
Docket No. 122
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 Trackman Jorge Marquez for alleged violation of
Rule G was without just and sufficient cause, excessive and in
violation of the Agreement. [Organization File 9KB-4225 D;
Carrier File 81-87-191
(2) Trackman Jorge Marquez shall now be reinstated with seniority
and all other rights unimpaired and compensated for all wage
loss suffered."
FINDINGS:
Claimant Jorge Marquez was employed as a trackman by Carrier on
the North Line of the Suburban Division. On August 19, 1986,
Roadmaster Swedberg detected the odor of alcohol on Claimant's breath
during Claimant's tour of duty. Two breathalyzer tests administered
to Claimant between approximately 2:40 and 3:00 p.m. showed blood
alcohol ratios of 0.11 and 0.10, respectively. Claimant subsequently
was directed to attend an investigation of the charge:
Your responsibility in connection with violation of Rule G of the
General Regulations and Safety Rules while on Company property at
Winnetka, Illinois, August 19, 1986.
After a postponement, the hearing was held on September 25, 1986. As
a result of the hearing, Claimant was dismissed from service. The
Organization thereafter filed a claim on Claimant's behalf,
challenging his dismissal.
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. The
test results confirmed the Claimant's guilt, as well as his admission
1
via ~l- rrs
that he violated Rule G.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
attention to
the type of discipline imposed. Although this Board will
sometimes allow an individual to be returned to service if he enters
an alcohol rehabilitation program, this Claimant has not shown an
inclination to solve his problem. Therefore, the claim must be
denied.
Award:
Claim denied.
lV ~;I
1 Neutr 1 Membe
rrie/r Member
rganization memo
o
Date:_(~a,
\`~9,~
2