NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23137
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEOF
CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Welder Helper V. R Davis, Jr. for alleged
violation of Rules 'M' and 'M 243' was without just and sufficient cause and
on the basis of unproven charges (System File MW-79-3-CB).
(2) Claimant V. R Davis, Jr. shall be returned to service with pay
for all time lost and with seniority, vacation and all other rights unimpaired."
OPINION OF BOARD: Claimant, who had been employed by the Carrier approximately
one year and five months, was working as a welder helper.
On November 22, 1978, he was driving a truck that was involved in a collision
with a Company bus. He was dismissed from service on that date. He requested
a hearing and on November 27, 1978, the Division Engineer wrote him;
"Reference to your undated letter received in this office
November 27, 1978, requesting a fair and impartial hearing
account of your dismissal from the employment of the St. Louis
Southwestern Railway Company November 22, 1978.
"For your violations of that part of the Rules and Regulations for the government of Maintenance of
Department Employes of the St. Louis Southwestern Railway Company
as quoted below, you were dismissed from the service of the St.
Louis Southwestern Railway Company.
"Rule M. 'Carelessness by employes will not be con
doned and they must exercise care to avoid
injury to themselves or others'
"Rule H243. 'No motor vehicle is to be set in motion
until it is known that the way is clear.
Care must be exercised in parking and
driving, either on or off the right-of-way,
to avoid damage to equipment or injury to
Award Number 23007 Page 2
"At your request, you are granted a fair and impartial
hearing to be held in the Division Engineer's Office, Pine
Bluff, Arkansas at 10;00 A. M. Thursday, November 30, 1978.
You may have representative and witness of your choice to
assist you at the hearing."
The hearing was conducted as scheduled, and on December 6, 1978,
claimant's dismissal was affirmed. A copy of the transcript of the hearing
has been made a part of the record.
The Board has carefully reviewed the transcript of the hearing and
finds that none of claimant's substantive procedural rights was violated.
While there were some conflicts in the testimony given at the hearing, it is
not the function of this Board to weigh evidence, attempt to resolve conflicts
therein, or to pass upon the credibility of witnesses. Such functions are
reserved to the hearing officer.
Based upon our careful consideration of the entire record, the Board
concludes that discipline was warranted; however, permanent dismissal was
excessive. We will award that claimant be restored to service with seniority
and other rights unimpaired, but without pay for time lost while out of the
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 discipline imposed was excessive.
A W A R D
Claim sustained in accordance with Opinion and Findings.
Award Number 23007 Page 3
Docket Number Mb1-23137
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:~i
Executive Secretary
Dated at Chicago, Illinois, this 17th day of October
1980.