Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8069
SECOND DIVISION Docket No.
7893
2-NRPC-EW-179
The Second Division consisted of the regular members and in
addition Referee Bernard Cushman when award was rendered,
( System Federation No, 1, Railway Employes'
( Department, A. F, of Z. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That under the current agreement, electrician R, B. Lloyd., Jr ,
was unjustly dismissed from the service of the National Railroad
Passenger Corporation
(_A.TMTAK)
effective September 21,
1977.
2. That, accordingly, the National Railroad Passenger Corporation
(AMTRAK) be ordered to: 1. TaTe the charge cleared from the
record of electrician R. B. Lloyd; 2. That electrician R. B,
Lloyd be reinstated with all rights unimpaired and reimbursed
for net wages lost.
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.
The Claimant, R, B. Lloyd, Jr., was employed by the National Railroad
Passenger Corporation (AMTRAK),, hereafter referred to as "the Carrier", at
their Wilmington, Delaware shops in the capacity of electrician. At the time
of his dismissal from service, he had been employed for approximately three
years. By letter dated August 25,
1977,
the Claimant was notified to appear
fox a formal investigation on August
31, 1977,
with a charge that he had
violated Rule I of the %,R.P.C. Rules of Conduct in that:
"On August 25,
1977
at approximately
3:07
A M ynu were observed
securing company property (20 rolls of masking tape)
in
the
rear of your automobile located at Car Shop No. 1 Parking lot,"
The investigation was held
on
September 12,
1977.
By letter dated
September 21, the Claimant was notified that he was dismissed inonediately.
Form 1
Page 2
Award No.
8069
Docket No.
7893
2-=-EW-'
79
At the investigation the Claimant testified and admitted that he had
placed 20 rolls of masking tape which was the property of A!~URAK in his
automobile with the intention of using it to tape a car that he was going
to paint, He described the car as a personal road vehicle,
The Organization contended that the Claimant was denied a fair hearing
because the Hearing Officer refused to recall a policeman to the stand in
order to allow the Claimant's representative to question the policeman as
to a conversation which he had previously testified he had with the Claimant's
Foreman. The representative desired to question the policeman as to whether
the Claimant's Foreman had told the policeman that he had observed an
individual believed to be the Claimant loading a box of tape onto a fork
lift and then driving the fork lift to the parking lot area and returning
a few moments later without the box of Company property. In view of the
Claimant's admissions as stated above, the failure to allow the recall of
the policeman eras obviously
nonprejudicial. The
organization also contends
that the record does not support the charge that the Claimant was observed
securing masking tape in the rear of his automobile. Again, in the light
of the Claimant's admission that he himself placed the masking tape in his
automobile, the contention is obviously without merit.
Rule I of the N.R.P.C. Rules of Conduct reads:
"Employees will not be retained in the service who are
insubordinate, dishonest, ir.amoral, quarrelsome or
otherwise vicious, or who do not conduct themselves
in such a manner that the Company will not be subjected
to criticism and loss of good will.
On the basis of this record, the Carrier's determination that the
Claimant violated Rule I is abundantly supported. The claim is denied.
A WA R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
~ i,
By ~ r
~ft;~
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of September,
1979.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
1
That the Claimant was acquitted in Civil Court is not dispositive of a
Carrier disciplinary proceeding. Second Division Award No.
7718
(Lieberman).