-- NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-23442
(Jerry L. Anglin
PARTIES TO DISPUTEr
(Consolidated Rail Corporation
STATEMENT OF CIA IM: "Was Mr. Jerry L. Anglin's termination of employment with
Consolidated Rail Corporation warranted, and was such
punishment as termination excessive for the act involved, and was such an action
supported by the evidence presented?"
OPINION OF BOARD: It is clear from the record that the claim before the Board
has not been handled in the usual manner in appeal to Carrier's
highest designated officer of appeals as required by Section 3, First (i) of the
Railway Labor Act, which is a prerequisite to this Board assuming jurisdiction.
The claim is not. properly before the Board and must be dismissed.
If the claim were properly before the Board, it would be denied on its
merits. The record shows that claimant was taken out of service about 9:30 A.M.,
March 22, 1979, pending an investigation for insubordination and violation of
Rule E of the Rules for Conducting Transportation. On the same date claimant
was notified by Carrier to attend a hearing on March 23, 1979:
" , to determine the facts and ascertain your responsibility, if any, in connection with your al
Rule E of the Rules for Conducting Transportation, wherein
on Thursday, March 22, 1979, at 9:30 AM, you refused to
follow a direct order given by your foreman to work with a
gang."
Rule E reads in part as follows:
'!Employes must devote themselves exclusively to the Company's
service while on duty, render every assistance in their
power to carrying out the rules and special instructions
and promptly report to the proper official any violation
thereof.
"To remain in the service, employes must refrain from conduct which adversely affects the perfor
duties, other employes, or
the public
. They must refrain,
whether on duty or off duty, or on or off company property
from conduct which brings discredit upon the company."
Award Number 23290
Docket Number NS-23442 Page 2
The claimant was afforded a fair and impartial
hearing. There
was
substantial evidence adduced at the investigation, or hearing, in support of
the charge against him. The discipline imposed by the Carrier was not arbitrary,
capricious or in bad faith.
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 claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
·xecut&499&~:t
ive Secretary
Dated at Chicago, Illinois, this 15th day of May 1981.