C:\AWARDS\OUT\2-07321.htm

Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7321
SECOND,DTVISION Docket No. 7180 2-C&NW-CM-'77

The Second Division consisted of the regular members and in addition Referee David P. Twomey when award was rendered.

( System Federation No.

76,

Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)

( Chicago and North Western Transportation Company

DisRzte: Claim of Employes:

1. Coach Cleaner Robert Hopkins was unjustly dismissed from service. on August

27, 1975.

2. The discipline administered to Coach Cleaner Robert Hopkins was unreasonably harsh and excessive.

That the Chicago and North Western Transportation Company be ordered to restore Coach Cleaner Robert Hopkins to service with seniority unimpaired, reimburse him fox lost wages dating from August

5, 1975,

and make him whole for all benefits he would have been entitled to had he remained in service.

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, 193+.

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 Robert Hopkins was employed as a Coach Cleaner at the Carrier's Chicago Passenger Terminal. By letter dated August 5, 1975, from Mr. James 0. Chase, Jr., Manager Car Department Passenger, the Claimant was notified to appear for an investigation to be held on August 19, 1975. In the same letter, the Claimant was notified that he was to be held out of service pending the investigation. The charge placed against the Claimant was as follows:

"CHARGE: Your responsibility for your having used profane language towards a Supervisor in that on Monday, July 28,

19'5,

you cursed and made an obscene gesture to your foreman."

Foxzn 1 Award No. 732 I D2cCe~NCM_77180 The investigation was held as scheduled and, by letter dated August 27, 1975, from Mx. Chaser the Carrier terminated the Claimant's employment. The Organisation contends that the suspension prior to the hearing ~;a;: improper since the matter involved was not an extreme case as required by Rule 35. We find that the alleged conduct contained in the charge was sufficiently extreme to allow the Carrier to suspend the Claimant pending the investigation. Should the Carrier have failed to prove the alleged misconduct of the Claimant at the investigation, Rule 35 would require that the suspended employee be returned to service and paid for all regular time lost. The Organization contends that the Claimant was not guilty of the charge. The Board finds that substantial evidence of record supports a finding of culpability on the part of the Claimant. We find then that the charge was proven by the Carrier. The discipline of dismissal is not arbitrary, capricious ox excessive in view of the seriousness of the proven charge and in view of the Claimant's poor employment record. We shall deny the Claimi.

A W A R D

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board semarie Brasch - Administrative Assistant Dated at Chicago, Illinois, this 5th day of July, 1977.