(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers ( Express and Station Employes PARTIES TO DISPUTE: (Illinois Central Gulf Railroad



(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.



        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.