NATIONAL RAILROAD ADJUSTMENT BOARD
' THIRD DIVISION Docket Number NE·1-22772
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Joint Texas Division of CRI&P-FW&D Railway Companies
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The discipline of dismissal assessed Trackman I.. C.
Douglas was arbitrary and without just or sufficient cause.
jSystem File B-11-77/JT G-90 (MW) /
(2) Claimant L. C. Douglas be reinstated to service with
all seniority and benefits unimpaired and he be compensated for all
wage loss suffered, including holiday pay, in accordance with Rule 26
of the Agreement."
OPINION OF BOARD: Claimant was a laborer in Carrier's Extra Gang
No. 1. He was removed from the service by the
Roadmaster on October 19, 1977; for alleged insubordination and the
use of profane language to the Foadmaster.
On October 21, 1977, claimant was notified to attend investigation on October 26:
" ....for the purpose of ascertaining the facts and
determining your responsibility, if any, in connection
with your alleged insubordination and use of abusive
language to Mr. T. 0. Little, Roadmaster, near Flynn,
Texas, about 1:00 P. M., Wednesday, October 19, 1977,
during your tour of duty as trackman on Extra Gang
No. 1 (tie gang)."
The investigation was postponed and held on November 4, 1977,
and claimant was notified on November 9, 1977, of his dismissal from
the service.
A copy of the transcript of the investigation conducted on
November 4, 1977, has been made part of the record. A review of the
record shows that none of claimant's substantive procedural rights
was violated. There was substantial evidence in the investigation to
support Carrier's action in dismissing claimant from service. There
is no proper basis for the Board to interfere with the action taken.
Award Number 22696 Page 2
Docket Number MW-22772
As we have decided the case on its merits, there is no
necessity to
pass upon the procedural issue raised.
FINDINGS: 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 involved 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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
eo~/Pa.
Dated at Chicago, Illinois, this 11th day of January 1980.