The Second Division consisted of the regular members and in
addition Referee Harry Abrahams when the award was rendered.
SYSTEM FEDERATION NO. 91, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Carmen)
EMPLOYES' STATEMENT OF FACTS: Carman S. M. Vinson, hereinafter referred to as the claimant, with 34 years of service with the carrier, was arbitrarily removed from service on May 9, 1956.
On this same day (May 9, 1956) the claimant was cited to appear in the office of the general foreman for investigation at 10 A.M. Friday, May 11, 1956. Copy of citation is submitted herewith and identified as Exhibit A.
On May 11, 1956 investigation was held as scheduled, copy of which is submitted herewith and identified as Exhibit B.
On May 28, 1956 a letter of dismissal was issued from the office of the superintendent of South Louisville Shops as result of said investigation, copy of which is submitted and identified as Exhibit C.
This dispute has been handled with all carrier officials, including the highest officer of the carrier, designated to handle such disputes, all of whom have declined to make satisfactory settlement.
the findings made by the inquiring official. Under such circumstances this Division may not substitute its opinion for the judgment of the management." (First Division Award 11728, Referee Lewis.)
The carrier submits that the dismissal of Vinson was not arbitrary, unreasonable or unjust. It was not in violation of any provision of the current agreement and should stand. A dismissal for cause terminates the employment relationship and the dismissed employe has no enforceable right to be reinstated or rehired by the carrier. Reinstatement or rehire of a former employe dismissed from service is within the discretion of the employer. (First Division Award No. 14421, Referee Whiting.) Also see First Division Awards Nos. 15316, 15317, and 15318, in which it was held:
FINDINGS: The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Carman Sam M. Vinson was given a fair hearing. His discharge was not arbitrary, unreasonable or unjust. His conduct and language to his Gang Foreman, Frank L. Peak, amounted to threats of violence, and a refusal to carry out orders. He admitted calling his Gang Foreman a damn liar, and further that he told his Gang Foreman that it was a wonder that he hadn't knocked the hell out of him, as he is high-tempered and it gets on his nerves for a man to accuse him of something that he is not guilty of.
Sometime after this incident during the investigation, the Claimant, Vinson, repeated the said threats that he had made to his Gang Foreman, Frank L. Peak, before other supervisory employees of the Carrier, when he stated, again referring to his Gang Foreman, that "I should have mashed his skull in, and if it ever happens again, I'll beat hell out of him."