NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number NN-22434
Robert A. Franden, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The removal from service on September 14, 1977 and the
subsequent dismissal on October 10, 1977 of Track Foreman Leonard Allen
was
(a) without just or sufficient cause;
(b) on the basis of unproven and di.sproven charges;
(c) extremely disproportionate to the offense with
which charged
and, as a consequence thereof
(2) the Claimant shall be reinstated to service with all
rights unimpaired and with pay for all time lost (System File TRRA
1977-30)."
OPINION.OF BOARD: Pursuant to an investigation properly held the
Claimant was dismissed from the service of the
Carrier for refusing to follow instructions. The Claimant takes
the position that sufficient evidence was not presented at the
hearing to support the charges.
We have reviewed the testimony of the witnesses as reflected
in the transcript of the investigation and find that sufficient '~7
evidence of probative value was presented at the hearing to support
the charge. Given the seriousness of the charge and the Claimant's
past discipline record we find the penalty of dismissal to be
appropriate.
Award Numnber 22409
Docket Number MW-22434
Page 2
?IVINGS: 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 Carrier and the Employes i.-evolved in this dispute
are respectively Carrier and Employes within the meaning of the
Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
Claim denied.
ATTEST:,-,
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Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 30th day of may 1979.
