NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22984
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLALM: "Claim of the System Committee of the Brotherhood that.-
(1) The dismissal of Trackman T. V. Gould was without just and
sufficient cause and was arbitrarily imposed (System File B-1721).
(2) Traclman T. V. Gould shall be afforded the remedy prescribed
in Article 11 Rule 91(6)."
OPINION OF BOARD: Trackman T. V. Gould, claimant in this case, was dis
missed from service for failure to report to work at
the conclusion of a disciplinary suspension on May 16, 1978, for use of
profane language so a supervisor, and for insubordination. A hearing into
the matter was held on June 26, 1978. As a result of that hearing, Carrier
concluded that claimant had violated three Carrier rules: Rule 189, Rule 175,
and Rule 176.
Rule 189 states that employes must not absent themselves from
their duties without proper authority. Rule 175 states that profane or
vulgar language is forbidden. Rule 176 states that employes who are
insubordinate, quarrelsome, or insolent will not be retained in service.
The stenographic notes of the June 26, 1978, hearing have been
made a part of the record of this case. A review of those notes reveals
that claimant was not denied any of his substantive procedural rights,
that he was afforded a full and fair hearing, and that he was given every
opportunity by the hearing officer to examine and cross-examine witnesses
and to make statements on his own behalf. At one point in the record,
claimant contended that he had been dismissed by Carrier because he thought
that he was being discriminated against because of his religion (Catholic)
and his relatives.
v
This Board has carefully examined the record of this case and
cannot discover any facts to support such an allegation. We see no
indication that claimant's religion or his relatives in any way hive been
an element in this case. Such a claim by claimant is unsubstantiated and
has no merit.
Award Number 22937 Page 2
Docket Number M'v1-22984
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The facts of this case are basic. The record reveals that
claimant knew when he was required to report to work. He knew that his
suspension was over on May 16, 1978. He had a letter to that effect and
the Railroad Retirement Board notified him about the end of his suspension.
He did not report to work until May 25, 1978. This is a violation of
Rule 189. It is also a fact that claimant used foul and vulgar
language
to the Roadmaster. This is a violation of Rules 175 and 176. Shoptalk
is one thing, but a foul statement to a supervisor in front of other
employes is another. Despite disagreements between employes and supervisors, there is no excuse for
This Board has carefully reviewed the record of this case.
It can see no reason why the actions of Carrier should not be upheld.
Claimant did violate the rules as charged. He has a very poor work record.
He is an argumentative and difficult employe. Carrier is not required
to keep such an employe in its service.
I
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 15th day of August 1980.