Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9776
SECOND DIVISION Docket No. 10009
2-ICG-MA-184
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( The International Association of Machinists - AFL-CIO
Parties to Dispute:
( Illinois Central Gulf Railroad Company

Dispute: Claim of F.rnployes:

1. That the Illinois Central Gulf Railroad violated the provisions

of the applicable Schedule "A" Agreement, particularly Rule 39,

but not limited thereto, when the Company suspended Machinist

Floyd McMillan from the service on August 8, 1981 and subsequently

dismissed him from the service on September 4, 1981 because

on August 8 he allegedly:

(a) was argumentative and quarrelsome

(b) used an intoxicating beverage while on or subject to duty

(c) was in a vehicle during assigned working hours without proper authority

2. Accordingly, the Company be required to:

(a) reinstate Machinist McMillan to service with seniority rights unimpaired

(b) compensate him for all wages lost as a result of his suspension

and dismissal from service beginning on August 8, 1981

until he is reinstated to service

(c) that he be made whole for all vacation rights

(d) that all health and welfare benefits be restored and premiums of same paid by the Company retroactive to August 8, 1981

(e) that Machinist McMillan be made whole for _a11 Losses incurred as a result of his suspension and dismissal from service.

(f) that he be paid 10% interest on all lost wages.

Statement:

The above question was submitted to the Second Division of the National Railroad Adjustment Board by the above referred to organization in ex pane form, hearing thereon was waived, and the Division is now in receipt o f a request from the Carrier that the case be withdrawn.
Form 1 Award No. 9776
Page 2 Docket No. 10009
2-1-CG-MA- ' 84

A W A R D

Claim dismissed.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest:

Nancy J ~ r - Executive Secretary

Dated at Chicago, Illinois, this 25th day of January, 1984