(David E. Dillon PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "This is to serve notice, as required by the
 rules of the National Railroad Adjustment Board, of my intention to file an ex-parte submission on June 25, 1978 covering an unadjusted dispute between myself and the Illinois Central Gulf Railroad Company, wherein I was improperly dismissed from service of carrier. ,

 I claim pay for time lost since December 2, 1977, re-instatement to service of carrier, and restoration of seniority."

 OPINION OF BOARD: This Board has carefully reviewed the record and
 finds no mitigating rationale that would condone claimant's actions. The evidence solidly supports the conclusion that claimant's recidivist behavior is blatantly contrary to Carrier's safety rules and standards.

 As a public body, created by the Railway Labor Act, this Board is vested with a vital public interest that requires strict objectivity when reviewing.. disciplinary appeals.

 The investigation transcript clearly shows that approximately one (1)'hour and forty five (45) minutes before he was to begin his assignment on June 1, 1977, claimant was arrested, jailed, and later found guilty of five (5) serious violations, including possession of marijuana. He even forfeited bond when on June 2, 1977, just two (2) hours after his release, he failed to appear in court.

 But this is only part of his employment history. In the . record, Claimant's disciplinary past is cosipletely spelled out. It is characterized by a consistent pattern of wrongdoing, that despite progressive disciplinary measures, remains unresponsive to corrective action.


For example, on February 28, 1976, he was arrested hm the possession of marijuana. He was again arr, chasgd-awd arraigned on October 7, 1976 for the unlawful delisery,.bartta-.md sale of a controlled substance. In the instant tee, one of the specifications was drug possession.

 This Board has long held such offense to be dismiazible. It poses an intolerable threat to railroad operattons. It would be an unwise declaim, if this Board disturbed Carrier's dPterrd··ation especially where as here, we are confronted with a habitual oielator. It would be an affront to the public interest. For these gelling reasons we will deny the claim.

        FTNDMS:'!he Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Empioyes involved in this dispute are respectively Carrier and Employes within the meaning of the Rainy Zabor Act, as approved. June 21, 1934;

 That ttda Division of the Adjustment Board has jurisdiction over the divpute involved herein; and

        That the Agreement was not violated. .~ ~', ` i : c ; v' .~ ~\


                    A W A R D

                    FI

                                        14 U G' 2

        Claim denied. `~\ ^,


                        NATIONAL Rsn&nnn ADJUSTMENT nBOARD

                        By Order of Third Division


ATTEST:~AAExecutive Secretary

 Dated at Chicago, Illinois, this 31st day of July 1979.