PASTIES: Brotherhood of Maintenance of Way Employes TO DISPUTE: Chicago and North Nestern Transportation Company

                    ST&EL"ETT OF CLAIM: "Claim of the Svstem Committee of the Brotherhood thq`:


        (1) The dismissal Traouman Anirer.Bprnardino for alleged violation of Rule G was without just and sufficient cause and excessive. (Organization File 2D-4439; Carrier File R1,-R4-176-D).


        (2) Claimant Andrew Bernardina shall be allowed the remedy prescribed in Rule 19(d)."


FIPDINGS
This Board, upon the whole record and all the evidence, finds and hobs that the employes end the Carrier involved, Pre resvectively employes and Carrier within the meaning of the Railway Labor Act as amended, and that the Board has jurisdiction over the dispute herein.

 . Prior to his dismissal, claimant employed as a trackman
 at Carrier's Hull Avenue Yard in Des Moines, Iowa. On April 6,
 19RT, he reported for duty at 7:30 A.M. At abbroximately 9:45
 A.M. claimant went to the office of the Roadmaster and'inauired
 about seeinra the Company doctor. The Capri r states that the
 Roadmaster immedi~t?ly smelled the strong o6or of alcohol on
 claimant's breath; thrt the Roadmaster suumoned a Lieutenant cfCerrier'e
 Police, who administered a field sobriety test, and determined
 that claimant Yes somewhat impaired. Claimant was offered the
 onnortrnity to submit to a blood alcohol test, which he consented to.
 The blood alcohol test Yes conducted at 11:05 A.M., and showed thrt
 claimant had a blood alcohol ratio .114. Under Iowa State law
 a 'river of a motor vehicle would be considered intoxicated with
 a blood alcohol ratio of .100.

 On April 6, 1984, claimant was directed to appear for formal investigation scheduled for April 11, 19"4, on the charge:

      "Your responsibility in connection'with Rule G of the General Regulations and Safety Rules, efrectiv- June 1, 1967, while employed as a Aackman at approximately 9:45 A.M. at Hull Avenue Yard, Des Moines, Iowa Awril 6, 19;4."

        SBA-924 Avr-ord No . 53 .


                                            Docket No.62 Page 2.


The inve_s+ization was ooctnoned and conducted on April 16, 194. A transcrtut of the investigation has been made a part of the record. Following the invastivation, cl=imant was dismi.«ed from service by notice.datf:~d ATril 23, 1984.

 The transcriut of the investization ecntnins subatanti?1 evidence by the Roanmast-r ?nd the Lieutenant of Police thft each of th:-m detect-d the odor -of .lcohol on clairapnt' !- breeth T'rhen claimant taps in th- Hoadma.ster's o°fice. The Lieutenant of Police eave.cleim=nt a field sobriety test, find also t-stifled r^s to,the result of the blood alcohol test showing a ratio of .114: Uuon receipt of report of the blood alcohol test,, cl?imant was r-moved from service about 12:0$ P.M.

 The claimant stated that he had consumed some six or seven drinks th,7 nta_ht before, but stopped around 11:00 P.M. He denied c'rinkina any alcoholic beverage prior to coming to work on Aoril 6, 1984.

 From our review of the entire record, -e find that claimant v=as under the influence of alcohol at least at the time o° the blood alcohol test, which the record shows was done at 11:05 A.M.. We .also note that near the close of theinvestigati_on, claimant's representative asked that claimant's thirty pears of service be taken into consideration. A1sQ in the anneal on the property, the General Chairman s~2ted:

      "Mr. Bernardino has over 30 Years of service without any blemishes nor Droblems related to alcohol,. which speaks for itself..."


Considering claimant's years of service, we think that he is entitled to one more chnnce. Tie will. award that he be restored to service, vith seniority and other rights unimcaired, but T.,ithout any compensation for time lost while out of service, provided he can satisfPctorily pass such physical examination Ps may be required by the Carrier.

                      A W A 3 D


        Claim sustained t.^, the extent indicated in Findings.


                      ORDER


The Carri-r is directed to comply with this Award within thirty dpys from the date her . .

                      Chairman, Neutral Me~ .


Ca41Me be Labor Member

RATED cO~t .3 i9Y~