NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23292
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Chic Railway Oompany
( (Northern Region)
STATEIDINT CHI' CLAIM: "Claim of the System Oomaittee of the Brotherhood
that:
(1) The dismissal of Trackman Joe A. Washington vas without
just and sufficient cause and wholly disproportionate to the charge leveled
against him (System File C-D-711/MG-2445.
(2) Trackman Joe A. Washington shall be reinstated and compensated
for all wage loss suffered."
OPINION OF BOAFM: Prior to claimant's dismissal, he vas employed as a track
man, assigned with Track Force No. 1289, under the super
vision of Track Foreman Weaver. On December 15, 1978, claimant vas notified
by the Carrier's Manager-Engineering:
"Please arrange to attend hearing in the office
of Track Supervisor, 501 Potter Street, Saginaw.,
Michigan at 9:30 a.m. on Friday, December 29,
1978.
You are charged with loud and abusive language
and conduct unbecoming an employee, and threatening your foreman to do bodily harm in connection
with your activity near Atwood Junction, Burton,
Michigan on December 13, 1978. Arrange for
representation and/or witness if desired."
The investigation or hearing was conducted as scheduled, and on
January 11, 1979, claimant was notified of his dismissal from service. A
copy of the transcript of the hearing has been made a part of the record.
We have reviewed the transcript and find that none of claimant's substantive procedural rights was v
Award Number 23140 Page 2
Docket Number MW-23292
investigation and was represented. There was substantial evidence adduced
at the hearing in support of the charge against claimant. He was guilty
of conduct that cannot be condoned. The claim will be denied.
FINDINGS: The Third Division of the Adjustment Board,, upon the whole record
and all the evidencep 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 Isbor
Act., as approved June 21, 1934;
That this Division of the Adjustment Board has ,jurisdiction
over the dispute involved herein; and
That the Agreement van not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJM20MT HOARD
By Order of Third Division
ATTEST.
Executive Secretary
Dated at Chicago.. rVI-f is., this 30th day of January 1981.