NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23446
Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE
The Western Pacific Railroad Company
ST&THGfT OF fl<Alb4: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track laborer Antonio G. Pena for alleged
insubordination was without just and sufficient cause, e:coessive, unduly
harsh and an abuse of Carrier's discretion (System Case No.
11717-1979-B1M).
(2) Track Laborer Antonio G. Pena shall be reinstated with seniority
and all other rights unimpaired and he shall be compensated for all wage lose
suffered."
OPINION OF BOARD: The record .hors that claimant had been in Carrier's
service about four months. On January 11,
19T9,
claimant
was working in Carrier's switch yard in San Jose, California, and vas engsgsd,
with the other members of the gang, in realigning the yard tracks. At
approximately 2:00 P.M., claimant was suspended from service, and on January 15,
1929,
was notified of formal investigation to be held on January 15,
1979:
"...to-dateraine facts and place your responsibility
for your alleged insubordination toward supervisory
personnel while working as a laborer on Extra Gang
320 on January 11,
19T9."
The investigation was postponed at the request of the Organization
and conducted on February 2,
1979.
A copy of the transcript of the investigation has been made a part of the record. A review of the tr
that none of claimant's substantive Procedural rights was violated. Following
the investigation, claimant was dismissed from Carrier's service by letter
dated February
13, 1979.
A review of the transcript of the investigation shows that claimant
refused an order of his foreman, and that he used profane and vulgar language
to his foreman. Considering claimant's actions, and his short service with
the Carrier, his dismissal was justified and will not be disturbed.
F331DIM: 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 Cagier and the Employes involved in this dispute are
_' Avail Number 23257 Page 2
Docket Number
w-23446
respectively carrier and Employee within
the
meaning of the Railway Labor
Act, as approved June 21#
19341
Mat
this Division of the Adjustment Hoard
has
jurisdiction
over the dispute lmolred herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJDBHOARD
By order of Third Division
A Ti'
TI
Moscutive secretary
Dated at Chicago, Illirwis, this 15th day of April 1981.
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