Form 1 NATIONAL RAILROAD ADfUST",~`WY BOARD Award No.
71,34
SECOND DIVISION Docket No.
7018
2-WT-CM-'7-6
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx,
Jr.,
when award was rendered.
( System Federation No. 106, Railway Employes'
( Department, A. F. of. L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Washington Terminal Company
Dispute: Claim of fmployes:
1. That under the current agreement, Car Cleaner, Walter 0. Owens,
was unjustly and excessively dealt with when he was removed from
the service on July 21,
1974
and dismissed from the service
effective August
9, 1974.
2. That accordingly, The Washington Terminal Company be ordered to
restore Car Cleaner, Walter 0. Owens, to the service of the Carrier
with seniority unimpaired.
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.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant, after eight months' service with the Carrier, was dismissed
for "becoming involved in an altercation with fellow employe". At the hearing
on the matter, Claimant concurred that an altercation had taken place.
Dismissal was under Carrier's General Rule N, which read as follows:
"Employes must be of good moral character and must conduct
themselves at all times, whether on or off Company property,
in such manner as not to bring discredit upon the Company."
"Stealing, falsifying reports, being insubordinate, engaging
in altercations, gambling, playing games, participating in
any illegal, dishonest, or immoral activity, while on duty or
while on Company property is prohibited."
Form 1 Award No. 71$x+
Page 2 Docket No.
7018
2-WT-CM-'76
"Participating in any unauthorized or unnecessary activity,
while on duty or while on Company property, is prohibited.
Employes are prohibited from entering cars except in the
performance
of
their duty. Loitering in cars is prohibited."
This rule does not specify dismissal as the sole punishment for its
violation, nor does it omit dismissal as a discretionary action by the
Carrier in its judgment of the circumstances.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Byte .._-
_,,e,~
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of November,
1976.