Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9515
SECOND DIVISION Docket No. 9531
2-CR-FO-183
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Steve M. Buccieri
was unjustly dismissed from service of the Carrier following trial held
on August 27, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Steve M. Buccieri 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 unimpaired, 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 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.
The Claimant, Steven M. Buccieri, was employed as a laborer at the Carrier's
Brier Hill Car Shop, Youngstown,
Ohio.
On August
7,
1980, the Carrier sent
notification to Claimant, advising him that he was held out of service beginning
August
7,
1980. And on August 13, 1980, the Carrier sent a directive to Claimant,
instructing him to appear for a trial on August 27, 1980 on the following charge:
"Your discharging of a firearm in the vicinity of the Brier
Hill Carpenter Shop, Youngstown,
Ohio,
at approximately
3:25 PM, August 7, 1980, resulting in injuries to Conrail
employee J. O. Hoover, Carpenter.
Violation of Safety Rule 4012 - 'Personal conduct must be
free from scuffling, practical jokes or horseplay while on
duty or on company property'. This rule is found in Conrail
F orm 1
Page 2
Award No. 9515
Docket No. 9531
2-CR-FO-183
Safety Rules for Maintenance of Equipment Employes.
Witnesses: H. C. August, C. R. Julian, S. A. Russo, A. G.
Koss, K. L. Morris"
The trial was held as scheduled, and on August
29, 1980
Mr. Buccieri was notified
by the Carrier that he was found guilty of the above set forth charges and as a
result was dismissed from service.
We have reviewed the entire record and the contentions of the parties and
we find that substantial evidence of,'~ecord supports the Carrier's finding that
Mr. Buccieri was guilty of the charge of violating Safety Rule 4012 when he
discharged a firearm causing injury to employe J. C. Hoover. Mr. Buccieri
admitted his responsibility in this extremely serious matter; and testimony of
Messrs. Koss, Russo and Julian without a doubt demonstrates that he was in fact
responsible. The discipline of dismissal is neither arbitrary, capricious nor
excessive. We shall deny the claim.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By .. -G~C.~
,r
sAnarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June, 1983.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division