Form 1 NATIONAL RAIIROAD ADJUSTMENT BOARD Award No. 9527
SECOND DIVISION Docket No. 951+6
2-NRPC-FO-'83
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:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Roy L. White was
unjustly dismissed from service of the Carrier following investigation
held on August 5, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Roy L. White 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, Roy L. White, was employed as a Fireman and Oiler at the
Carrier's Rensselaer Maintenance Facility, having been hired in 1977. By notice
dated July 16, 1980, Mr. White was instructed to attend an investigation in
connection with the following charge:
"Violation of the Amtrak Rules of Conduct, Rules I & O, in that
on or about 7/15/80, at approximately 11:45 P. M., you sold one
James M. Williams a pass ticket obtained in your name."
The investigation was held on August 5, 1980, at which investigation Mr. White
was represented by his General Chairman and his Local Chairman. By notice,
dated August 11, 1980, the Carrier's Investigating Officer, Mr. P. D. Driscoll
determined that the charges against Mr. White were sustained; and assessed the
discipline of dismissal from service. Claim was filed on behalf of the Claimant_
was progressed in a timely fashion in the usual manner on the property, and the
claim is now properly before this Board.
Form 1
Page 2
Award No. 9527
Docket No.
9546
2-NRPC-FO-183
We find that substantial evidence of record supports the Carrier's finding
that Mr. White was responsible for violating Amtrak Rules of Conduct, Rules I & 0
in the selling of a pass ticket obtained in Mr. White's name to Mr. J. M. Williams.
This evidence includes the testimony of Mr. W. A. Moschella, Special Agent with
the FBI, Captain C. B. Finn of the Amtrak Police, and the detailed statement of
Mr. J. M. Williams.
We find that the discipline assessed was neither arbitrary, capricious nor
excessive in view of the seriousness of the matter, and Mr. White's past disciplinary
record.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By -=~r
~Ro
emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 15th day of June, 1983.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division