NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-1.9820
Frederick R. Blackwell, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DTRPltTE:
(Louisville and Nashville Railroad Comnanv
F,TATLMRYT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) T'- dis-issal of Machine Operator B. E. Dowell was without just
and q,ifficient cn,isn c,^-1 on the basis of unproven charges (System File 1-12/DIn^7'13 T-306-1151,
(2) :'~.!s·;r~ -'7crator B. G. Dowell be reinstated with all rights un_^pnircd and th,~-.
.,:;.r.': ~;u?.c .."·.7(f).
nnT^TnNt nt' ^
n 1!'n. T.'.,
e claimant was dismissed from Carrier'^. service on Novem-
i~-
u,
197)., on charge reading in part:
are charged with being absent from duty on Septc.-.her `t. 1.^'l. and not being available for uo
bein-.-.. ;ec'. in jail during this time, and with violation
c~ '~.~'^ ' o` ~!·.n Rules and Instructions c` the ilaintenanceof-F?a·- ^c~·~-
The pr-?: of P·:1e G covered by the charge rrovidcs that:
"'-,1cyecs must maintain good moral character, and
avoid -.-icla·:i^ns of the law, and failing to de .^.o, will
be su~icc: ::- dismissal."
We have revic:,ed the transcript of the investigation conducted on
Sentcber 24, 1.^')-
~...
find no justifiable reason fcr disturbing the action
tal:ca by the
Ca=in-.
·-":c recc-d shows that the Clai.ment did not protect his
ac.._Gnmment on Sc^:-a^be- 8, 1971, and part of the day cn Septc7nber 9, 1971.
'H.,^. -stated rcasc-t `^° -ot doing so was that he had hen arrested and jailed on
cha _ ;es of dr·-'-en r'-i.ving and reckless driving. .-cin-. held in jail ;·as, o
ccu~:se, the copse-e-c^. of his own personal conduct and cannot be regarded as
ji·^`i.fiable rea:o^. `,- not protecting his assignment. Moreover, the claimant
'E.tc- plead g·ui?.t:·· '.-i enurt to amended charges of rcc:;less driving, and
In th- ~~n^~J.:.r; en the property it was breu;ht out that claimant had
:-ot only been c:.'^.;se·' t_or a ;i.milar offense in July 1968, but also hod been
nr^ested and cc^-..'-A~. on drunk driving charges on prior occasions in the last
three years.
The claim is denied.
Award Number 19558 Page 2
Docket Humber MW-19820
F717DIA,GS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Cerrier and the F:ployes involved in this dispute are
respectively Cnrrier and 2mployes wi'hin the meaning of the &tilway Labor Act,
as approved June 21,
1934;
That this Division of the Adjustm`ont Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIOIIAAL itAILRO.',l) ADJUST! IT BCARD
By Cruer of Third Division
ATITST:
S
Lx!·~:u.ivc : ·c:r ~.2ury
Dated at ChicaCo, Illircls, this 30th day of January 1973.