Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10126
SECOND DIVISION Docket No. 10161
2-SCL-EW-'84
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the Controlling
Agreement, in particular, Rule 32 when Electrician P. C. Boyd was unjustly
dismissed from service on June 16, 1982 at Hamlet, North Carolina.
2. That accordingly, the Seaboard Coast Line Railroad Company compensate
Electrician P. C. Boyd in the amount of eight (8) hours pay per day at
the pro rata rate for the period commencing November 30, 1981 and ending
the day he is reinstated to his position as an Electrician at Hamlet,
North Carolina. In addition Electrician P. C. Boyd be allowed all other
benefits that would accrue to his position.
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.
The Claimantwas employed by the Carrier as an Electrician at its shop located
in Hamlet, North Carolina. During the afternoon of November 29, 1981, the Carrier
received information that the Claimant had been arrested in connection with a
break-in at the American Legion Hut in Hamlet.
On December 7, 1981, the Carrier notified the Claimant that he was directed,
to appear at a formal investigation concerning the break-in on November 29, 1981
which resulted in warrants being issued for his arrest for breaking and entering,
and larceny, presence in a building with intent to commit a felony, injury to real
property and resisting a public officer. The Claimant was also charged, among
other things, with violation of Rule 12 relating to "disloyalty", "dishonesty",
"immorality" and "vicious or uncivil conduct." As a result of the investigation
which was held on June 9, 1981, the Claimant was C=-_r-'ssed.
The record discloses that the Claimant entered a guilty plea to felonious
breaking and entering, injury to personal property and resisting a public officer.
Furthermore, the Claimant received a three(3) year sentence with six (6) months'
incarceration. The balance of the sentence was suspended. As a result, the record
warrants the conclusion that the Claimant committed acts of "dishonesty",
"immorality" and "vicious or uncivil conduct" which under Rule 12 subjects "the
offender to summary dismissal."
Form 1
Page 2
A W A R D
Claim denied.
Award No. 10126
Docket No. 10161
2-SCL-EW-'84
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this
17th day of Oct,ber 1984.