Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7844
SECOND DIVISION Docket No. 7752
2-S PT-BK- ` 79
The Second
Division consisted of the regular members and in
addition Referee
George S.
Roukis when
award was rendered.
( System
Federation No. 162, Railway Employer'
( Department, A. F. of L . - C. I. 0.
Parties to Dispute: { (Blacksmiths)
(
( Southern Pacific Transportation Company
Dispute: Claim of Employ!s:
1. That the Southern Pacific Transportation
Company
has violated the
current controlling agreement particularly Rule
34,
at Houston,
Texas by unjustly dismissing from service of the Carrier, Blacksmith
Bernard Young on October
7, 1977.
2. That
accordingly, the Southern Pacific Transportation Company be
ordered to restore Blacksmith Bernard Young to service with all
seniority and service rights, vacation
rights,
holidays, sick
leave benefits, and all other benefits that are a condition of
employment. unimpaired sad compensated for all lost time plus
6%
annual interest on all such lost
wages, also reimbursement
for a17. losses sustained account loss of coverage under health
and
welfare and life insurance agreements, all this to be
effective October 7, 1977.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and
the employs
or employer involved in this
dispute are respectively carrier and employs
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, who had been as employee only four months, was discharged
following a hearing where he was charged with threatening fellow employer
with bodily harm on two separate occasions.
Although duly notified, Claimant failed to attend the
hearing.
'rte
find that. Carrier properly conducted the hearing in this case and that
Claimant's failure to attend his own hearing was done at his own peril.
There was more than substantial evidence developed during the hearing
establishing Claimant's guilt. These were serious charges and no Carrier
Form I
Page 2
Award No. 7844
Docket No. 7752
2-SPT-BK-'79
should be required to maintain in its employment short time employes
such as the Claimant who clearly display no desire to perform their
duties
and get along with fellow employes. Claimant's actions and threats toward
his fellow employes were, as we said, indeed serious and we find no basis
to disturb Carrier's decision to discharge this employe.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY-.
/ r-
~~ ~,~----~-
°Rosimarie Breach - Administrative
Assistant
Dated al Chicago, Illinois, this 14th day of February,
lg7g.