SPEC-AL BOARD OF ADJUSTMENT N0. 92
Award No. 52
Docket No. 61
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE'.: Chicago and North western Transport-Lion Company
S^ATE-ENT OF CLAIM: "Claim of the System Committee of the Brotherhood thet:
(L) The dismissal of Machine Operator L. z. Lawson for
violatton of Rule G :^as without just and sufficient
cause ard-excessive punishment. (Organization File ZL-045.;
Carrier File °1-R4.-165-D).
(2) Claimant L. ". Lawson shall b° alloved the remedv prescribed in Rule 19(d)."
FIr?DINGS:
This Board, anon the whole record one all the evidnnca,
finds maneVolds th?± the °mrloyes and the Carripr involved, ?re
respectively emolones and Carrier wtthin +he mes.ntnr of the Rai1way Wor .act
4s
amended, ajf thal ':he Board has JurisFiction
over the dispute herein.
Claimant was emrloyed by the Carrier as a machine operator
and. on February 6, 1984, was ordered to report at Short Line Yard
at Des Moines, Iowa, at 7:15 A.M. to operate a Jordan ditcher to
clear snow. On February 6, 1984, he was directed to anpe?r for
formal investieatibn scheduled for February 9, 1994, on the charge:
"Your responsibility in connection rith violation of
?ale G of the General Regulations and Safety Rules
ef°=ctive June 1, 1967, while ernloyed as
a
machine
Operator at anoroximatyly l0:UO A.M.
P
t Short Line
Yard, Des Moines, Iowa, February 6, 1984."
The investiaption was conducted as scheduled. Claimant was
present thr^uzhout the investi7ation and was represented. A transcript of the investixation has been made a part of the record.
In the investigation the Trainmaster headouartered at Des
Motnes testified that about 10:15 the morning of rebruary 6, 1984,
claimant came to his office innuirina as "o the whereabouts of the
ditcher, at which time he
detected a
distinct odor of alcohol on
claimpnt's breath, at which time he called theAssistant Roadmaster
and the Special Agent it Des Moines.
The AsRistant Roadmaster testified that when he confronted
claimant at the location of the ditcher, he detected the odor of
alcohol on claimant's breath; that a field sobriety test was given to
_M·-Prd
No. 52
SBA-924 Docket No. 61
PQae 2.
clpiment; that claimant consented to-a blood alcohol test and r?hen
the results of that test were received, claimant was removed from
service.
The Saeciel ?sent corroborated the t=stimony of the
Assistant Roadmaster; stated that he Derformed the field sobriety
test; th?t he renuested claimant to submit to a blood alcohol
test,, which clsimpnt consented to.
The blood alcohol test showed a blood ratio of .124. at
about 12:15 P.M. on February
6, 1984,
which was in excess of what
is considered intoxication under the Iowa law pertaining to. .the
operation of motor vehicles, -here the ratio is .100.
In the investigation claimant-admitted having consumed
alsochol the Drior night from about
6:30
P.M. to 12:30 A.M.,
thpt he had about two hours sleep the previous night before reporti.n:r fof duty about 7:00 A:M. Claimant was notified of his dismiss^1 -on February
15, 19`14.
Carrier's Rule
G
and Rule G Addition were read into t=e
tnv*qt1twPtion and will not be repeated
here.
From the entire record vie find that substanti&Z evidence was presented at the investixation in suntort of the charxe
of viola`ion of pule Cz a.nO that claimant was on duty and=r the
influence of intoxicants on February
6, 1984.
There is no proper
basis for the Hoard to Interfere with the discicline imposed,
especiallv when we consir~er that claimant was takins_ u_p service
for the purpose of operating on-track ecuicment.
A W A R D
Claim denied.
Lhairman, Neutral Member
FL
C r. _= mbe . Labor Member
DAted: ~.C'-7` ~.
~~T3·~ .