Form 1 NATIONAL RAIIROAD ADJUSTIENT BOARD Award No. 8635
SECOND DIVISION Docket No. 8413
2-NRPC-FO-'81
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
(1) That Amtrak erred and violated the contractual rights of IAmon Harney,,
when they removed from service on October 2, 1978 as the results of
investigation held on September 19, 1978.
(2) That, therefore, Mr. Harney be returned to service with all rights,
privileges and benefits restored.
(3)
That he be made whole for all health and welfare benefits, pension
benefits, unemployment and sickness benefits and any other benefits he
would have earned had he not been removed from service.
(4) Further, that he be compensated for all lost time, including overtime
and holiday pay plus 6°o annual interest on all lost wages and that such
lost time be counted as vacation qualifying time.
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.
Claimant was employed as a Tractor Operator in Carrier's Redondo Junction,
California, Maintenance Facility. On September
14,
1978, he was notified to
appear for a formal investigation on September 19, 1978, on the following charge:
"Violation of Rule I, Rule J and Rule K of the National
Railroad Passenger Corporation Rules of Conduct in that on
September 8, 1978, at approximately 1:15 P.m. while on duty
as a tractor operator at Redondo Junction you were given the
job
otf
washing the car body on Unit # 536 by Foreman S. K.
Vaughn, to which you responded in a profane and vulgar manner.
You were then ordered to the office; however, you refused to go."
Rules I, J and K of the National Railroad Passenger Corporation read:
Form 1
Page 2
Award No. 8635
Docket No. 8413
2-NRPC-FO-'81
"I. Employees will not be retained in the service
who
are
insubordinate, dishonest, immoral, 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."
"J. Courteous conduct is required of all employees in their
dealing with the public, their subordinates and each
other. Boisterous, profane or vulgar language is
forbidden. Violence, fighting, horseplay, threatening
or interfering with other employees or while on duty is
prohibited."
"K. Employees must report for duty at the designated time and
place, attend to their duties during the hours prescribed
and comply with instruction from their supervisor."
The investigation was conducted as scheduled. Claimant was in attendance and
was represented. A copy of the transcript of the investigation has been made
part of the record. The Board has carefully reviewed the transcript and finds
that none of claimant's substantive procedural rights was violated. The
investigation was conducted in a fair and impartial manner.
There was substantial evidence adduced at the investigation in support of
the charge against claimant. His dismissal was justified and there is no proper
basis for this Board to interfere with the Carrier's actions.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of February,
1981.