Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No
.7282
SECOND DIVISION Docket
No.7165
2-WT-CM-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey 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 Employes:
1. That under the current agreement, Equipment Servicer Terry A.
Hatchett was unjustly dealt with when he was suspended from the
service on August 10,
1975
and subsequently dismissed from the
service of the Carrier, The Washington Terminal Company effective
September
15, 1975.
2.
That accordingly, The Washington Terminal Company be ordered to
return Equipment Servicer T. A. Hatchett, to the service of the
Carrier with seniority and vacation rights unimpaired and
compensated for all time lost since August 10,
1975.
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.
The Claimant, Service Ec_uipment Operator T. A. Hatchett, an individual
with eight months service in the employment of the carrier, was charged with:
"Burglary of the Food and Beverage Section in Amtrak Club
Car
3322
approximately
11:35
P.M.; on August 10,
1975."
A formal hearing was held on the charge on September
3, 1975.
By letter
dated September
15, 1975
the Claimant was notified that he was found guilty
as charged, and was dismissed from the service of the Carrier.
Form 1
Page 2
Award No.7282
Docket No.
7165
2-WT-CM-'77
The Organization contends that the Carrier has failed to sustain its
burden of proof with sufficient evidence to support its finding of guilt.
We disagree. We find that there was substantial evidence in the record to
support the Carrier's finding of guilt in this case, including the testimony
of Patrolman Schall, the presence of the Claimant in the car, the inherently
unconvincing excuse given by the Claimant for being in the car, and the
finding of the flashlight and large screw driver on the service bar. The
discipline of dismissal is not arbitrary, capricious or excessive in the
instant case. We will deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY . -
~eIarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April, 1977.