NATIONAL RAILROAD ADJUSTMENT BOARD
-- THIRD DIVISION Docket Number
MW-23369
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman R. E. Hodges for alleged insubordination
and vicious and uncivil conduct was without just and sufficient cause and wholly
disproportionate to such an offense (System File
37-SCL-77-68).
(2)
Trackman R. E. Hodges shall be returned to service with
seniority and all other rights unimpaired and shall be compensated for all
wage loss suffered."
OPINION OF BOARD: Claimant was employed by the Carrier as a trackman,
with about six years of service. At the time of the
occurrence giving rise to the dispute herein he was assigned to Extra Gang
No.
9206.
On the morning of November
21, 1978,
while the Foreman was in the
depot, the gang was left in charge of the Assistant Foreman. A controversy
arose between the claimant and the Assistant Foreman about getting water.
Claimant was held out of service, pending an investigation on the charge:
"...with violation of the following Rules for
Engineering and Maintenance of Way Muployees:
Ru).e
17;
which reads as follows:
'Profane, indecent or abusive
language is prohibited.'
That portion of Rule
18;
which reads as follows:
'Vicious or uncivil conduct or insubordination
will subject the offender to dismissal."'
The investigation was conducted on November 29,
1978,
as scheduled.
Claimant was present throughout the investigation and was represented by the
General Chairman of the Organization. A copy of the transcript of the investigation has been m-.de a
that the investigation was conducted in a fair and impartial manner. None of
claimant's substantive procedural rights was violated.
Award Number
23285
Page
2
Docket Number
MW-23369
There was substantial evidence in the investigation that
claimant used vile and profane language to the Assistant Foremanp and
actually threatened him. His dismissal from service on December 12,
1978,
was ,justified. There is no proper basis for the Board to interfere with
the discipline imposed.
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 Eknployes 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 May
1981.
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