BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY
Case No. 210
Award No.
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
1. The dismissal of Machine Operator C. H. Gildea for
his alleged violation of Rule G was without just
and sufficient cause, based on an unproven charge
and capricious (Organization File 4LF-2474D;
Carrier File 81-92-66).
2. Machine Operator C. H. Gildea shall now be allowed
the remedy provided in Rule 19(d).
FINDINGS:
Claimant, a machine operator, was dismissed from service of
the Carrier when he tested positive for alcohol on November 20,
1991.
On the date in question, the carrier had been called by
representatives of the Holiday Inn where Claimant and several
other Carrier employees were lodging. It was reported by the
hotel representatives that several Carrier employees "were drunk
and disorderly and caused quite a bit of commotion earlier that
morning". The Carrier's representatives arrived on the site to
investigate the situation and observed that the Claimant appeared
to be under the influence of alcohol. According to Carrier
policy, a breathalyzer test was administered and the Carrier
representatives then took the Claimant to a local hospital for a
urinalysis. All test results came back positive and, therefore,
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Claimant was charged with failure to comply with carrier Rule G.
Subsequent to a formal hearing into the incident, the Claimant
was dismissed from service.
The parties being unable to resolve the issue, this matter
comes before this Board.
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 failing to
comply with Rule G. Claimant was at work on November 20, 1991,
and the breathalyzer examination that was taken at approximately
10:00 a.m. showed a blood alcohol level of 0.11. Carrier
calculates that under the dissipation rates the Claimant's blood
alcohol when he arrived on duty was approximately 0.155.
The record reveals that the Claimant in this case did not
request a leniency reinstatement pursuant to the C&NW's Alcohol
and Drug Use Policy. Given his lengthy service dating back to
1979, this Board believes that the Claimant should be given
another opportunity to reform his behavior given the carrier's
rules relating to substance abusers. We hereby order that the
Claimant be reinstated to service on a leniency basis in
accordance with the Carrier's Alcohol and Drug Use Policy. There
will be no award of any backpay.
AWARD:
Claim sustained in part. The Claimant shall be reinstated
on a leniency basis but without backpay. Claimant must comply
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with the requirements of the Carrier's Alcohol and Drug Use
Policy.
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PETE E ER S
Neutra Me ber
~a ier Member ganization Membe
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