Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8315
SECOND DIVISION Docket No. 8160
2-ICG-FO-'8o
The Second Division consisted of the regular members and in
addition Referee Rodney Eo Dennis when award was rendered.
( System Federation No.
99,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Patties to Dispute- ( (Firemen & Oilers)
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That Laborer C. R. Ferguson was unjustly dismissed from service on
February 17,
1978.
2, That accordingly, the Illinois Central Gulf Railroad be ordered to
return Laborer Ferguson to work immediately, with full seniority, pay
for all time lost and restoration of all benefits due him.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a1L
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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at-hearing thereon.
C. R. Ferguson, the claimant, a laborer at carrier's Johnston Roundhouse
in Memphis, Tennessee, was discharged from service for possession of a controlled
substance and for conPiction in criminal court on that charge. He was also
charged with failing. to protect his assignment from January
14, 1978,
to January
30, 1978,
while he was in jail. The organization alleges that the ::artier made
it impossible for the claimant to protect his assignment because it refused to
cooperate in a work release program. that would have allowed him to be at work.
The record before this board clearly supports the position of the carrier.
The claimant pleaded guilty to possession of a controlled substance. He was
placed in the Shelby County Penal Farm and was unavailable for work. On numerous
occasions, this hoard has stated that incarceration is not considered unavoidable
absence from work for good cause. In these instances, carriers were upheld by
this Board if discharge resulted from the inability of an employee to appear at
work because he was in jail as a result of a crime he committed..
The organization's argument that carrier caused the claimant to remain in,
jail by not participating in a work release program cannot prevail. Carrier's
officials are responsible for the decision to participate in such programs.
Carrier is under no contractual or legal obligation, or bound by the directions
of this Board to participate in these programs.
Form 1 Award No.
8315
Page 2 Docket No,
8160
2-IC G-FO-'
80
The claimant in this case, by his own fault, caused himself to be absent
from work without authority. This Board has no recourse but to uphold the
carrier's position, despite its refusal to participate in a work release program.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ./
R semarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 16th day of April,
1980,