NATIONAL. RAILROAD ADJUSTMENT BOARD
Award Number 22908
THIRD DIVISION Docket Number MW-22922
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
( (formerly Chicago & Eastern Illinois Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Machine_Operator G. J. Hernandez was improper
and without just and sufficient cause (System File S 214-91/.
(2) The claimant shall be reinstated as machine operator with
seniority and all other rights unimpaired and he shall be compensated for
all wage loss suffered."
OPINION OF BOARD: Claimant entered Carrier's service October 24, 1969.
At the time of the occurrence giving rise to the dispute
herein he was assigned as machine operator with Gang No. 8723. The members
of the gang were staying at the Hotel Central in Villa Grove, Illinois.
On December 27, 1977, he was notified to report for formal investigation
to be held on January 5, 1978:
"· ....to develop the facts and place your responsibility,
if any, in connection with the charges that you were absent
without proper authority from your assigned position of Machine
Operator on Gang No. 8723, Headquarters Villa Grove, Illinois,
on December 6, 7, 8, and 9, 1977, and conduct unbecoming an
employee in connection with your entering Missouri Pacific
Depot, Villa Grove, Illinois, in a disorderly manner, and
destroying company property at about 12:05 A.M. December 6,
1977, entering into an altercation with your Foreman'B. Berg
at approximately 12:15 A.M., December 6, 1977, assault and
battering of Effie Jorgensen, Owner of Hotel Central, at
approximately 12:15 A.M. December 6, 1977, which action resulted in your being arrested at Villa Gro
approximately 12:30 A.M. December 6, 1977 and being held by
the Douglas County Authorities."
Award Number 22908 Page 2
Docket Number MW-22922
The investigation was conducted on January 9, 1978. The claimant
was present throughout the investigation and was represented by the General
Chairman of the Organization. A copy of the transcript of the investigation
has been made a part of the record. A review of the transcript shows that
none of claimant's substantive procedural rights was violated in the manner
in which the investigation was conducted.
Without detailing all the evidence adduced at the investigation,
suffice it to say that there was substantial evidence in support of all
the charges. The claimant's primary response was that he "had no knowledge"
of the occurrences.
Based on the record, the Board concludes that claimant was guilty
of conduct that simply cannot be condoned, and the Carrier was fully
justified in dismissing him from service.
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:
Executive Secretary
Dated at Chicago, Illinois, this 22nd day of July 1980.