NATIONAL RanROAD ADJUSTMENT HOARD

Award Number 22483

TK= DIMIM Docket H:mber Mw-22685

Paul C. Carter, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

STATfl~Nr OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The dismissal of Trackman I. J. Jenkins was without just or sufficient cause, was on the basis of unproven charges and exceedingly disproportionate to the offense with which charged (System File B-1533).

(2) The Carrier shall restore Claimant Jenkins to service and extend to him all other remedies and benefits prescribed in Agreement Rule 91(b) (6)."

OPINION OF HOARD: Claimant, a trackman, with approximately three years'
service with the Carrier was dismissed from service
by Carrier's Assistant Roadmster on September 2, 1977, after a rather
heated argument and the claimant asking statements that the Assistant
Roadmaater felt were threats upon his life. Upon request, a formal
investigation was conducted on October 3, 1977s and claimant's dismissal
was confirmed on October 10, 1977.

Carrier's rules governing Maintenance of Way employee provide:

"175. Civil, mannerly deportment is required of all employes in their dealings with the public, their subordinates, and each other. Boisterous, profane or vulgar language is forbidden. Courtesy and attention to patrons is required. Employee most not enter into altercations with azW person, no matter what provocation may be given, bat will make note of the fac report to their immediate superior.

"176. Employes who are negligent or indifferent to duty, insubordinate, dishonest, immoral, quarrelsome, insolent or otherwise vicious, or who conduct themselves and handle their personal obligations in su a way that the railway will be subject to criticism and loss of good will, will not be retained in the service."

Award Number 22483 Page 2

Docket Number w-22685

We have carefully reviewed the transcript of the investigation coadacted on October 3, 1977, and find substantial evidence to support the action of the Carrier in dismissing claimant. The claimant stated that during the conversation with the Assistant Roadmaster he told the Assistant Roadmaster that "..be could make me do nothing," that " ....it taken a king to kill a king..." and that "...You all have caused one big killing out here running over people so you might as well go on and leave
me alone " The claimant was evidently referring to an incident some
time prior on the Carrier property when an employe shot and killed a
Roadmaster and wounded a Division Engineer.

The record also shows that claimant had previously been removed from service for taking the position that the foreman and assistant foreman could not instruct him in his work.

On the entire record, there is no proper basis for this Hoard. to interfere with the discipline imposed by the Carrier.

FMIMS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

that the tent was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD AMETHENT BOARD

By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 24th day of August 1979.