Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9703
SECOND DIVISION Locket No. 9123
2-BRCofC-MA-'83
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
( The Belt Railway Company of Chicago
Dispute: Claim of Employes:
1. That under the Controlling Agreement the Belt Railway Company of Chicago
unjustly dismissed machinist Helper Michael T. Olsen from service
effective December 1, 1979.
2. That accordingly the Belt Railway Company of Chicago be ordered to
compensate Claimant's widow up to the date of Claimant's death which
was September 8, 1980, and pay in lieu of vacation and for other benefits
(insurance) which
would have been applicable had this unjust dismissal
not occurred.
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 employes 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, Michael T. Olsen,(*) was employed as a machinist's helper when he
received notice dated December 2, 1979 to appear for a formal hearing. He was
charged with allegedly assaulting and injuring a fellow employe on that same
date at about 4:20 A.M. in the fuel shanty at Carrier's Clearing Locmotive
Service Track while he was working overtime on regular assignment. After the
investigative hearing was held on December 6, 1979 Claimant received notice that
his services with the Carrier were terminated, effective December 7, 1979 for
violation of Rule J of the Carrier Book of Rules. Rule J reads as follows:
RULE J
Employees must not be indifferent to duty, insubordinate, dishonest,
immoral, quarrelsome or vicious. They must conduct themselves in a
manner that will not bring discredit on their fellow employees or
subject the railroad to criticism and loss of goodwill.
(*) Claimant's name is spelled variously Michael T. Olsen and Michael T. Olson
in the record before the Board.
Form 1 Award No. 9703
Page 2 Docket No. 9123
2-BRCofC-MA-'83
Playing practical jokes, scuffling, wrestling, or fighting while on
duty or on company property, as well as throwing of tools or materials
is prohibited.
A review of the record shows that Claimant's rights were not abrogated by
the manner in which the
investigation was
conducted, nor by the way the subsequent
appeal process was handled.
On merits the record documents overwhelming substantial evidence, including
Claimants own testimony, to warrant support for Carriers finding that Claimant
was guilty as charged. Substantial evidence has been defined as such "relevant
evidence as a reasonable mind might accept as adequate to support a conclusion".
Numerous prior Awards of this Board, including Third Division Awards 8481 and
22616 inter alia also set precedent for discharge in cases such as the instant
one. Further, it is well established that the Board will not substitute its
judgment for that of the Carrier in discipline cases when substantial evidence
is present if no other extenuating circumstances exist.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: ,
Nancy J. ev -Executive Secretary
Dated at Chicago, Illinois, this 26th day of October 1983.