Form 1 NATIONAL RAILROAD ADJUST= BOARD Award No.
$2'78
SECOND DIVISION Docket No.
8162
2-IC GFO-'
80
The Second Division consisted of the regular members and
in addition Referee Kay McMurray when award was rendered.
( System Federation No.
99,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Partio-s to Dispute: ( (Firemen & Oilers)
Illinois Central Gulf Railroad Coopany
Dispute: Claim of Employees:
1. That Laborer L. E. Hi11 was unjustly dismissed from service on April
1, 1978.
2. That accordingly, the Illinois Central Gulf Railroad be ordered to return
Laborer Hill to work inmediately, with pay for all time lost, restoration
of full seniority and all benefits he would have been entitled to.
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.
The claimant, Mr. L. E. Hi71, is a laborer for the carrier. On April 4,
1978,
he was given a notice of hearing which read in pertinent part:
"Please arrange to attend a formal investigation ... at
Waterloo Iowa, on Tuesday, April 11,
1978...
for the
purpose of determining whether you were sleeping on duty
on or about
5:30
FM on Saturday, April 1,
1978,
in the cab
of Locomotive
8096
at Waterloo, Iowa, and whether you were
argumentative and threatening to Mechanical Foreman G. H.
Archer, and whether you used tranquilizers, medicine,
sedatives, or other related substance while subject to
and/or on duty April 1,
1978."
The hearing proceeded as planned and resulted in the dismissal from service
herein complained of.
The claimant and organization readily concede that he was sleeping on duty as
charged. As a defense they point out that Mr. Hill had pyorrhea of the gums and
had taken several tylenol which caused him to be drowsy and therefore his sleep
Form 1
Page 2
Award No. 8278
Docket No. 8162
2-ICG-FO-180
was caused by a condition beyond his control. They further contend that the
claimant was not abusive or threatening and the carrier failed to produce any
witness other than the mechanical foreman who could testify to such actions.
The record indicates that it was very difficult to awaken the defendant.
The foreman first tried to awaken him by calling him by name several times. He
then left the cab and obtained a witness. These two successfully aroused him but
he imiedediately fell asleep again. The foreman upon advice frcm his superior
again went to the engine cab with a policeman. These two successfully awakened
the claimant and he left the property. Mr. Hill testified that he had taken several
tylenol before going to work and was aware that such medication made him drowsy.
He did mention to his supervisor that he had taken some tylenol but failed to
inform him that this relatively harmless drug could. produce the effect herein
noted. The claimant, in further testimony, indicated that he had very little
recollection of being awakened the first time. He was obviously in a very confused
state of mind and it is clear that the medication he had taken greatly affected
his performance. With respect to the argumentative and abusive language, Mr. Hill
testified that he might have been a little loud and did say that the foreman was
prejudiced but didn't believe he had made all the statements claimed by the
supervisor. In view of the condition of the claimant at the time as revealed by
the record, this Board must give credence to the testimony of the supervisor.
It is obvious from the foregoing that claimant had seriously breached rules
devised to protect him as well as other employees and assure a productive
operation. The carrier was justified in assessing disciplinary penalty. Based wool
on the entire record we are unable to conclude that the penalty constituted
arbitrary or unjust action.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATICN'AZ RAILROAD ADJUSTMENT BOARD
By Order of Second Division
l
By
~emarie Brasch - Adminizstrativ-..P
-A -., ~ ~
e
Assistant
Dated `at Chicago, Illinois, this 19th day of March, 1980,