NATIONAL RAILROAD ADJUST!MU BOARD
THIRD DIVISION Docket Number CL-23282
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and. Station Employee
PARTIES TD DISPUTE:
(Southern Railway Company
STATEMENT OF CLA24: Claim of the System Committee of the Brotherhood
(GL-9001) that:
1. The Carrier acted in an arbitrary, capricious and discriminatory
manner and in violation of the current agreement when it disebarged Mr. A. G.
Evans on September 25, 1978.
2. The Carrier shall nor be required to reinstate Mr. Evans with
all rights unimpaired and pay him for all time lost by him.
OPINION OF BOARD: Claimant was formerly employed by the Carrier as a dining
car waiter on Carrier's train No. 1, The Crescent, operating
between Washington, D. C., and New Orleans, La. He had been in Carrier's service
about four years.
On August 31, 1978, claimant was notified:
"Please arrange to attend a hearing to be conducted
in the Division Superintendent's Office building,
400 South Elm St., Greensboro, NC, second floor
conference roam at 1:00 P.M... Segtdmber 7, 1978.
"You will be charged in the hearing with conduct
unbecoming an employee, failure to comply with
letter of instructions to all Dining and Tavern
car employees, as outlined on pages 3 and 4 of
the Manual of Instructions and Procedures,
Dining and Tavern Car section, and violation
of Section 1, Articles 5-A and B of the above
manual. The purpose of the hearing is that it
is alleged that at approximately 10:30 p.m.,
August 24, 1978, in the vicinity of Alexandris,
Va., while serving as waiter, Train #1, you
were in the process of cleaning a table at
which passengers were dining and debris from
your tray fell into the plate of passenger
James W. Muhammad. After which an argument
occurred and you allegedly shoved passenger
Muhammed from a standing position backward to
his chair, resulting in his clothing being soiled
by food on the table.
Award Number
23138
Page 2
Docket Number CL-23282
"You may arrange to have with you any witnesses
and/or representatives you desire, in accordance
with your agreement."
The investigation, or hearing, was conducted as scheduled, and a
copy of the transcript has been made a part of the record. We have carefully reviewed the transcript
substantive procedural rights was violated. In the investigation., claimant
admitted familiarity with the rules cited in the notice of charge. While a
number of objections were raised by claimant's representative throughout the
hearing, we do not find them to be of sufficient significance to invalidate
the proceedings. One of the objections concerned the introduction of written
statements into the record without the writers thereof being present. Such
procedure has been upheld by this Hoard in numerous swards.
Based upon careful review of the entire record, we find substantial
evidence to support the Carrier's actions in dismissing claimant from the
service. While there were conflicts in the testimony presented at the hearing,
it is not the function of this Hoard to weigh the evidence, attempt to resolve
conflicts therein., or to pass upon the credibility of witnesses. Such functions
are reserved to the hearing offices.
FINDINGS: The Third Division of the Adjustment Board., after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidenoej, finds and holds:
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 21j,
1934;
That this Division of the Adjustment Board has jurisdiction aver the
dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADUUS'a1ENt BOARD
By Order of Third Division
ATTEST:
Alt
Dated at Chicago, Illinois., this
30th
day of January
1981.