Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7672
SECOND DIVISION Docket No.
7634
2-IC G-CM-'
7B
The SecondDivision consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( System Federation No.
99,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That under the current Agreement, Car Inspector E. J. Helenkamp
was unjustly dismissed from the service of the Illinois Central
Gulf Railroad on March 25,
1977.
2. That accordinEly the Illinois Central Gulf Railroad be ordered
to reinstate Car Inspector E. J. HelerZk.aarp to service with
seniority unimpaired, be paid for all time lost from March; 17,
1977
until he is restored to service, and claiming all other
benefits such as vacation rights, and all other benefits he wouD.i
be entitled to under the existing A`,reement, and
6%
annual
interest for all nonetary loss.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are. respectively carrier and employe within the meaning of the
Railway Labor Act, as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant -rrras dismissed from service for his actions on March 17,
1977,
in violation of Superintendent's Geneva! Regulation No. 21E which reads:
"TLe use of intoxicants or narcotics by employes subject
to duty, or i n their possession or use while in duty,
is prohibited.
From the record, the Board is satisfied that Claimant was guilty of
violation of General fieCulation no. 2'4 on the date in question. Interv-e;'T
with and treatment by Carrier's Special 'agents were not i n violation oz
the A_;reament nor harmful to tire Clainant's rights. Claimant received a
.fair and impartial investigative hearing.
Form 1
Page 2
Award No.
7672
Docket No.
7634
2-ICG-CM-'
78
Severe disciplinary action is warranted, but the Board finds that,
under the circumstances, dismissal from service was unduly harsh. Claimant
had a good work history during his six and one-half years of service, with
no record of previous similar incidents. The Board will direct that
Claimant be restored to duty with seniority unimpaired, but without payment
of back pay or missed benefits. This A,,ard, however, will stand in the
Claimant's record as a strong warning as to the consequences of similar
behavior in the future.
A W A R D
Claim sustained to the extent specified in Findings.
NATIONAL RAILROAD ADJUST1,FT;T BOARD
By Order of Second Division
Attest: Executive Secretary
National. Railroad Adjustment Board
`'"iUS<;,SI':c~r~.e 1`5rassch. _ ·'.u=::nistratlve ..ssistant~-_.___-~_
Dated 4/_Chicago, 11"_i nois, this 15th day of August,
1978.