Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
785'
SECOND DIVISION Docket No.
772+
2-C
R-EW-'79
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 100, Railway Employes'
( .Department, A. F. of
L. - C
. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current agreement Communications Maintainer
Raymond Kopp was unjustly dismissed from the service of
Consolidated Rail Corporation (former Erie Lackawanna) effective
May 13, 1977.
2.
That accordingly, the carrier be ordered to restore the aforesaid
employe with all pay due him from the first day he was held out
of service until the day he is returned to service, at the
applicable Communications Maintainer's rate for each day he has
been improperly held from service; and all benefits due him
under the group hospital and life insurance .policies for the
above mentioned period; and all railroad retirement benefits
due him, including unemployment and sickness benefits for the
above described period; and all vacation and holiday benefits
due him under the current vacation and holiday agreements for
the above described period; and all other benefits that would
normally accrue to him had he been working in the above
described period in order to make him whole.
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.
i
Form 1
Page 2
Award No. 785J+
Docket No. 772.
2-CR-EW-'79
Pursuant to notice and after an investigation properly held on May 3,
1977, the claimant was dismissed from the service of the carrier for
violation of Rule 0-2 of the General Rules of the "Book o f Safety Rules"
and Rules 0-1 and 0-4 of the General Rules of the "Rules of the Operating
Department" of the former Erie Lackawanna Railway Company. The rules read
as follows:
"0-2. Employees who are dishonest, immoral, vicious,
insubordinate, quarrelsome, uncivil in deportment, or
who are careless with the safety of themselves or of
others will not b e retained in the service."
"0-1. Employees must not absent themselves from duty nor
provide a substitute without proper authority.
Time must not be shown on time slip, time book or
payroll, except for work actually performed by the
person named."
"0-4. Employees are required to devote their time
exclusively to the business of the company unless
expressly exempt from so doing by the .proper authority."
We have reviewed the record carefully and in particular the transcript
of the investigation and find that the record well-supports the finding that
the claimant performed an immoral act which in and of itself was sufficient
to warrant dismissal. Further allegations of the violations of Rules 0-1
and 0-J+ of the General Rules of the Operating Department were also found to
be supported by evidence of probative value. We will not disturb this
discipline.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
~'t.d?.r
.s'`~""'
arie Brasch - Administrative Assistant
Dated at 'hicago, Illinois, this 21st day of February, 1979.