RATIONAL
RAILROAD ADJUSTKMT BOARD
THIRD DIVISION Docket Number
CL-22654
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers
( Express and Station Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEKEPT OF CLAIM: Claim of the System Committee of the Brotherhood
(Gtr8697)
that:
(1) Carrier erred when it dismissed Clerk Elmer C. Blancher
from service on December
14, 1976,
as a result of an investigation held
on December 10,
1976,
and that
(2) Carrier shall non be required to restore Clerk Blanches
to service with all rights unimpaired and with compensation for all
time lost.
OPINION OF BOARD: Following a formal investigation conducted on
December 10,
1976,
claimant was dismissed from
service on December
14, 1976;
for being under the influence of an
intoxicant when reporting for work on the 3.400 P.M. to 11:00 P.M.,
Porter-Messenger assignment at Bast St.
Louis,
Illinois, on December 3,
1976.
The Hoard has carefully reviewed the transcript of the
investigation, and finds that claimant received a fair and impartial
hearing, and that none of his substantive procedural rights was
violated.
There was substantial evidence in support of the charge for
which claimant was dismissed from the service. Also, his prior record
was less than satisfactory. There is no proper basis for this Board to
interfere with the discipline imposed by the Carrier. The claim will
be denied.
Award Number 22501 page 2
Docket Number Cf,-22654
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement ryas not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: & l ~R
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August
1979.