Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9408
SECOND DIVISION Docket No.
9344
2-NRPC-FO-'83
The Second Division consisted of the regular members and in
addition Referee Edward Z, Suntrup when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employee:
1. That, in violation of the current agreement, Laborer Anthony Burkley
was unjustly discharged from the service of the Carrier following
investigation held on July 20,
1979.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Anthony Burkley whole by restoring him to Carrier°s service, with
seniority rights unimpaired, made whole for all vacation rights, holidays,
sick leave benefits and all other benefits that are a condition of
employment impaired, and compensated for all Lost time plus ten
(10%) percent interest annually on all lost wages, also reimbursement
for all losses sustained account of coverage under health and welfare
and life insurance agreements during the time he has been 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 employs or employee involved in this dispute
are respectively carrier and employs 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, Mr. Anthony Burkley, entered the service of the Carrier on January
9,
1978 and at the time of the alleged incident under question held the position
of laborer at Carrier's Brighton Park Turbo Facility in Chicago, Illinois. On
July 4, 1979
Claimant received notice to appear at an investigative hearing on
July 10,
1979.
He was charged with violation of Carrier Rules of Conduct "C",
"I" and "J". These Rules state the following:
"C, Reporting for work under the influence of alcoholic
beverages or narcotics, or the use of alcoholic beverages
while on or subject to duty or an Company property is
prohibited."
"I, Employees will not be retained in the service who are
insubordinate, dishonest, immoral, quarrelsome or other-
F orm 1
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Award No. 9+08
Docket No. 9344
2-NRPC-FO-183
wise 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 interferring
with other employees or while on duty is prohibited."
After request for postponement by Claimant, the hearing was held on July 20,
1979· On July 27, 1979 Claimant was notified by Carrier that he had been found
guilty as charged and was being dismissed from service effective July 28, 1979.
In subsequent appeal on property the charge of violation of Rule C was dropped
because of lack of evidence.
A review of the transcript of the hearing shows that sufficient substantial
evidence of probative value is present to warrant the conclusion that Claimant was
in violation of Rules I and J of Carrier Rules of Conduct. This, plus Claimant's
prior discipline record, which the National Railroad Adjustment Board has held
can be equitably used in assessing
penalties (Second
Division
Awards 3+30 and
5182 inter alia) leads this Board to conclude that it should not disturb Carrier
determination in the present case.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIRQAD
ADJUSTMNT
BOARD
By Order of Second Division
By _
rie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 2nd day of March,
1983.