Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No.
87'.53
SECOND DIVISION Docket No. 8432
2-SPr-EW-'81
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
International Brotherhood of Electrical Workers
:Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Mechanical Department Electrician
W. K. Jackson was unjustly treated when he was dismissed from service on
April 28,
1978,
following investigation for alleged violation of Rules
801 and
802
of the General Rules and Regulations of the Southern Pacific
Transportation Company. Said alleged violation occurring on March 12,
1978.
2. That accordingly, the Carrier be ordered to:
(a) Restore the aforesaid employe to service, with all service and
seniority rights unimpaired, compensate him for all time lost and
with payment of
6
percent interest added thereto.
(b) Pay employe's group medical insurance contributions, including group
medical disability, dental, dependents' hospital, surgical and medical,
and death benefit premiums, and railroad retirement contributions for
all time that the aforesaid employe is held out of service.
(c) Reinstate all vacation rights to the aforesaid employe.
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.
At the time of the occurrence giving rise to the dispute herein, claimant was
assigned as an electrician on the third shift at Carrier's Oakland Diesel Shop,
Oakland, California.
On March
16, 1978,
claimant was notified to be present at the office of
Terminal Superintendent at
9:00
A.M., Thursday, March 23,
1978,
for a formal hearing:
Form 1 Award No. 8753
Page 2 Docket No. 8432 low
2-SPT-EW-'81
" to develop the facts and place responsibility, if any,
in connection with your allegedly being quarrelsome or otherwise
vicious during your tour of duty at approximately 2:00 A.M.,
March 12, 1978, in the Mechanic's Shanty at West Oakland,
California.
You are hereby charged with responsibility which may involve
violation of Rule 801 of the Rules and Regulations of the
Transportation Department, Southern Pacific Transportation
Company, that part reading:
'Employes will not be retained in the service who are
quarrelsome or otherwise vicious
'Any act of hostility, misconduct ... is sufficient cause
for dismissal...'
And Rule 802, that part reading:
'Courteous deportment is required of
all
employes in their
dealings with ...each other. Boisterous, profane or vulgar
language is forbidden...'
You are entitled to representation and witnesses in accordance .rr~'
with your agreement provisions. Any request for postponement
must be submitted in writing including the reason therefor, to
the undersigned."
By agreement of the parties, the investigation or hearing was postponed and
rescheduled for 1:30 P.M., March 30, 1978. It began on that date and continued on
April 3, 1978. On April 28, 1978, claimant was dismissed from Carrier's service.
A copy of the transcript of the formal hearing has been made a part of the record.
The Organization has included with its submission various materials that have
no bearing on the dispute before the Board. The Board is concerned with what
occurred during claimant's tour of duty at approximately 2:00 A.M., March 12, 1978.
The Organization contends that claimant did not receive a fair and impartial
hearing because certain witnesses that he requested were not present. The conducting
officer declined to call the witnesses requested by the claimant as they were not
present at the time of the occurrence involved in the charge. We consider the actions
of the conducting officer proper as the purpose of an investigation or hearing is to
develop the facts in connection with the occurrence that resulted in the charge.
In the formal hearing substantial evidence was adduced in support of the charge
against the claimant. Other employes testified that claimant did make physical
threats against the life of a foreman who was not present; that claimant's demeanor
at the time was belligerent; that claimant used vulgar and vicious language, and
expressed his feelings in a rough and crude manner.
Form 1
Page
3
Award No.
8753
Docket No.
8432
2-SPT-EW-'81
While we fully realize that tea-room language does not prevail in a railroad
shop, the actions of the claimant as described by other employes who were present
at the time, were such that cannot be condoned. There is no proper basis for this
Board to interfere with the discipline imposed.
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
BY
semarie
Brasch
- Administrative Assistant
Dated at Chicago, Illinois, this 2nd day of September,
1981.