NATIONAL MEDIATION
BOARD
Fea 16 9 zs AN'79
NATIONAL RAILROAD
ADJUSTMENT BOARD
PUBLIC LAW BOARD NO. 2269
Parties .United Transportation Union
to
Dispute
Statement
of Claim:
and
Illinois Central Gulf Railroad
Award No. 1
Case No. 3
File No. 1723 UTU-C
This is a request for leniency and reinstatement of Conductor, M. R.
Margwarth, former Chicago District Conductor, who was dismissed
from the service of the ICG on November 21, 1975, and as a result
of investigation conducted at Champaign, Illinois on November 25,
1975 and was dismissed by letter from Trainmaster H. L. Phipps, on
November 26, 1975.
Findings: The Board, after hearing upon the whole record and all evidence,'
finds that the parties herein are Carrier and Employee within the
meaning of the Railroad Labor Act, as amended, that this Board is
duly constituted by Agreement dated September 12, 1978, that it has
jurisdiction of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
Claimant, on November 21, 1975, was the Conductor of Passenger
Train 381, operating Chicago, Illinois to Champaign, Illinois.
When Train 381 arrived at Champaign, it was met by three (3) carrier representatives. They observed Claimant's condition and noted
the odor of alcohol on his breath, slurred speech, and claimant's
unsteady gait. Claimant agreed to take an alcohol blood level
test. Such check reflected a level of .17.
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AWuo I
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Claimant was given- a formal investigation on the charge of a violation of operating Rule "G". As a result thereof, Claimant was -
adjudged guilty as charged. He was dismissed from service as the
appropriate measure of discipline on November 26, 1975 after 32
years of service..
Here, the issue is one of leniency. Ordinarily, in such circumstances, we would not interfere, leaving such matters to Carrier's
discretion. However, we find circumstances in this record which
serve to mitigate the discipline imposed. Claimant had thirty-two
._ (32) years of service three years ago when discharged. He has been
out of service over three years. His service record.for such long
service is not bad. This record reflects that Claimant has a prob
lem.
After much deliberation, we conclude that claimant shall be conditionally reinstated to service, but without any pay for the time
out of service, providing he complies with the following attached
conditions. Claimant is fortunate to be employed by a progressive
carrier who has instituted an Employee Assistance Program. Claim-,
ant must first join that program in order to demcnstrate to Carrier
and Union alike he sincerely wants to again work for Carrier. When
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the Counselor of Carrier's Employee.Assistance Program approves
Claimant as being able to return to service, Claimant's seniority
shall at that time be restored. Claimant will then be required to
pass the examinations necessary for a -return to service after such '
a long absence.,.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective within thirty (30)
days of date of issuance shown below. .
W. H. Canty, Elnp yee Member E. M. Bouchard, Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, January 15, 1979.