F orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9299
SECOND DIVISION Docket No.
8637
2-CMStP&P-MA-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aerospace Workers
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement and the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company schedule of rules, the Carrier unjustly
dismissed Machinist Helper R. Robertson, effective July
3, 1978.
2. That, accordingly, the Carrier be ordered to restore R. Robertson
back to service in the following manner: (a) Restore the Claimant to
service with all seniority rights unimpaired, (b) Compensate Claimant
for all time lost, (c) Make Claimant whole for all vacation rights,
(d) Pay the premiums for hospital and surgical and medical benefits
for all time held out of service, (e) Pay the premiums for group life
insurance for all time held out of service.
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.
Claimant R. Robertson was a Machinist's Helper employed by Carrier at the
Locomotive Shops in Milwaukee, Wisconsin. Following an investigatory hearing held
on May 25,
1978,
he was dismissed from Carrier's service for threatening a fellow
employe with a loaded fire arm. The case was timely appealed to the highest
officer of Carrier authorized to handle claims. It was denied at the highest
level and is before this Board for resolution.
Carrier contends that Claimant was observed by a number of employes arguing
while pointing a gun at a fellow employe. That employe contends that Claimant
pointed the gun at him and threatened to kill him. Claimant denies the
allegations and says that he did not have a gun on the property. The Organizatiai
contends that claimant was not afforded a proper review of his case, as is
required by Rule
34
of the controlling agreement.
Form 1
Page 2
Award No. 9299
Docket No. 863?
2-CMStP&P-MA-'82
A review of the record of this case reveals that Claimant was in fact
afforded a full and fair hearing and that he had ample opportunity personally
and through his representative to vigorously argue his case. No violations of
Claimant's substantive or procedural rights are evident in this record.
There is no doubt that Claimant is guilty as charged and that Carrier
justifiably disciplined him. Carrier saw fit, given the circumstances, to
discharge him. This Board has no authority in this instance to reduce that
penalty. Possession of a fire arm on company property is a serious offense.
Using a fire arm to threaten a fellow employe is intolerable and cannot, under
any circumstances, be tolerated. To return to Carrier's employ a person who
threatened a fellow employe with a gun because he was annoyed would be to put
the safety of all employes in jeopardy.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATICNAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
~~marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of September, 1982.
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