NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23099
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman M. F. McRae was improper, unwarranted
and an abuse of justice and discretion System File C-4(13)-MFM/12-39 (78-20)
gJ.
(2) Trackman M. F. McRae shall now be allowed the benefits prescribed in the first paragraph of
OPINION
OF BOARD; Claimant entered Carrier's service May 7, 1974. At the
time of the incident giving rise to the dispute herein,
he was working as a trackman under the supervision of Roadmaster C. E. Libby
and Foreman C. K. Osborne. He did not report for duty on November 21, 1977
and on subsequent dates to December 13, 1977. It developed that he had been
arrested on charge of petty larceny and possession of marijuana on November 21,
1977.
On December 21, 1977, the Roadmaster wrote the claimant:
"0n December 15, 1977, it was reported to me that on November 21,
1977 you had been placed under arrest by Sgt. Ray Ragsdale of
Avon Park, Fla. Police Department and charged with petty larceny
and possession of marijuana. On that same date you appeared .
before County Court Judge Joe Evers, Highland County, Avon Park
and entered a plea of guilty to both charges. You were sentenced
to serve 10 days on the charge of petty larceny and 30 days on
charge of possession of marijuana.
"Because of your absence without permission from Extra Gang 8700
on November 21, 1977 and the days subsequent thereto and for your
arrest and conviction as outlined above, you are hereby charged
with violation of Bulletin Notice No. 1 and the Rule 17-B of the
Agreement between this Railroad and its Maintenance of Way Employees
and for violation of those parts of General Rule 18 dealing with
dishonesty and uncivil conduct of the current Safety Rules for
Engineering and Maintenance of Way Employees and for conduct
unbecoming an employee.
Award Number 22935 Page 2
Docket Number NW-23099
"A hearing will be scheduled by the Division Engineer and you
will be advised of the time and place."
The investigation was scheduled for December 28, 1977 and was
conducted on that date. On January 9, 1978, the Division Engineer
notified claimant of his dismissal from service. A copy of the transcript
of the investigation has been made a part of the record.
General Rule 18, referred to in the Roadmaeter's letter of
December 21, 1977, reads:
"Disloyalty, dishonesty, desertion, intemperance, immorality,
vicious or uncivil conduct, insubordination, sleeping on duty,
incompetency, making false statements, or concealing facts
concerning matters under investigation, will subject the
offender to dismissal."
Rule 17(b) of the applicable collective bargaining Agreement reads:
"(b) An employee desiring to be absent from service must
obtain permission from his foreman or the proper officer.
In case an employee is unavoidably kept from work, he =let be
able to furnish proof of his inability to notify his foreman
or proper officer."
A review of the transcript of the investigation shows that substantial evidence was presented in
The Board has previously held that conviction of a crime such as possession
of marijuana is sufficient grounds for dismissal (Award 22383). Many
awards of this Board have also held that confinement in jail does not
constitute unavoidable absence for good cause. See Awards 22868, 21228,
12993 and 6572.
It is also noted that claimant's prior record with respect to
absenteeism was far from satisfactory.
On the record before it, there is no proper basis for the Board
to interfere with the discipline imposed by the Carrier.
Award Number 22935 Page 3
Docket Number MW-23099
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:
1'4y'
Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1980.