Docket No. 21 PAATIES2 Brotherhood of Maintenance of Way Employes TO DISFUTE9 Chicago and North Western Transportation Company

          (1) The dismissal of Foreman I. N. Johnson for a'leged violation of Rule G was without just and sufficient cause and excessive. (Organization File 7D-3560; Carrier File R1-R3-49-D),


          (2)_ Foreman I. M. Johnson 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 employes and the Carrier involved, are respectively employer and Carrier with the meaning of the Hallway Labor Act, as amended, and that the Board has Jurisdiction over the dispute herein.

 The record thotrs that prior to his dismissal, claimant, with about eluhteen end.one-half years of service, was employed as a seetton foreman at Clarkfield, Minnesota, with hours 7130 A.M. to 4:00 P.M., Monday through Friday.

 On December 3. 1982, the Carrier's supervisory personnel received information indicating that claimant map be under the influencd of intoxicants. The Roadmaster contacted claimant at about 11:30 A.M. The Roadmaster reported that he smelled the odor of alcohol on claimant's breath, and, upon reauest, the claimant consented to a blood alcoh^1 test, w^ich teat eras conducted about 2:20 P.M. Claimant was suspended from the service of the Carri·r, end HRs notified to report for formal hearing on December 10, 1982, on the charge:

        "Your responsibility for violation. of Rule 0 of the General Regulations and Safety Rules while on duty as Track Foreman at Clarkfield, Minnesota, on Friday. December 3, 1982.


The hearing was co-ducted as scheduled and a copy of the transcript has been made a part of the record.

 There was substantial evidence adduced at the hearing that claimant wpa under the influence of intoxicants while on duty on December 3, 1982, Claimant admitted having consumed alcoholic beverages the night before, but contended that he had consumed
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none on Deoe=bar 3, 1992. The result cf the blood Alcohol test c^_^ftcte!7- c:bout 2:70P.te., on DPce^n"r is IOR2, SERF made 9 part of t!'A ~PGOT.''we The rn^:r °kio:C°CZ A b1 00!! R'~Cnh^l cn.!7tent Fy thpt tImee of 0.09,71, and ±'vltt unl;ar thF Motor Vesiicie Si"a~ures of the SJcata ^" _'inne?otA, a level of n.h5 crectns n rrecu=tion of being undar tr:e influence of '1.^.Ok·oi. =t' mutt. ^e D-=irtee Out, however. thni- tat lyl!)Q!4 ?ln.nhcl test ')T` claimant was oonductf~d about seven hcvtyrr tft,r he had, rzporte: fcr duty.

 The feC-ts in the cf Se ~·:__TT,fl.21a<'·'j Severe disc l.nl~ne. Rovever, the re"-re. shows that c-l&i1Leat wn: 39 *are,,-rr of S^e, T%'.th 1D-1/2 yep.rs of service for the-Carrier, Over 1', yeer^ ae r, recticn for-Tan, with a disc=D=in-.ry record of one fiv°-~drr surpensto n, rnd four letters of reprimand, with no a,7i?ence of inveErivotions hmvirg been condo^ted in the reurimand cases. We consider this a good record, end find thst permanent disriseai in the pres°nt onse wis eeceFSive. We will award tkin~ claimant- be rerter,~d to Pervice with seniority acid other rights unimrrired, but without nay for tine lost w!hil_A out of nrvice.

                    P W A R D


        Claim sustainec' in s -c<rdence vrith Findi_ners.


                    Cr'~.D~i


' The farr; er i s ei-ei.~ed t0 cf=1y with- 'Y'ti 9 A,R'n,~ n*i t~!5r thirty .~3ys hereof.

                  c.hsirm.^.n, Neutral Membsr


    rrier Member Lf-b=Menber


Date: S