NATIONAL RAILROAD ALUUSWENT BOARD
THIRD DIVISION Docket Number
MW-23373
(Brotherhood of Maintenance of Way Employes
PARTIES 7b DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Bridgemea C. J. Randolph for alleged violation of
Safety Rules Nos*
17., 18
and
26
was without duet and sufficient cause and wholly
disproportionate to such a charge (System File
C-4(13)-CJRJ12-39(78-28)
J)·
(2)
Bridgemea C. J. Randolph shall be reinstated with seniority
and all other rights unimpaired, his personal record cleared and he shall be
compensated for all wage loco suffered."
OPINION
OF
BOARD: Claimant, with about seven years of service, was employed as
a bridgeman on midge Gang
8731.
The gang was headquartered
in camp cars, and, at the time of the occurrence giving rise to the dispute herein,
Was stationed at (terrier's Lakeland Shops. The cars were parked on tracks adjacent
to the Engine House at Lakeland*
At approximately 5:00 P. M., June 15,
1978,
after the force had completed
its week's Work, the claimant was using the shop water and air to wash his personal
vehicle. When this was noticed by shop supervisory personnel, the Shop Foreman
and General Foreman shut the water off and advised claimant that he could not use
shop water to wash his personal vehicle; that shop employee were not alloyed to do
so; and that the claimant would not be permitted to do so. The (terrier contends
that claimant took violent exceptions to the advice and used gross, obscene and
totally uncalled for language to the General Foreman, as a result_of which he
was advised by the Master Carpenter on June
19, 1978,
that he was held out of
service pending a formal investigation of the incident that occurred on June 15,
1978.
On June 20,
1978,
the claimant was charged by the Division Engineer:
"Referring to
biro
J. L. Hartley's letter of June 20,
1978,
concerning your actions at approximately 5:00 P. M.,
on Thursday, June 15,. same resulting is charges having to
do with Safety Rules for Engineering and Maintenance of
Way Employees. These charges are: '-
"No.
17:
Profane, indecent or abusive language is prohibited.
"No. 18: ...that portion which reads: '...vicious or uncivil
conduct..
.Will
subject the offender to dismissal.'
_ Award Number 23348 Page 2 .
Docket Number MW-23373
"No. 26: ...that portion which reads: 'Unauthorized
employees and others not having legitimate
Company business to transact are prohibited
from entering or loitering about railroad
...yarde...shops...a:d other properties.
Persons so observed must be reported to
supervisor.'
"A hearing is set for 10 A.M.. Wednesday, June 28, 1978,
is my office at 4020 Adsmo Drive. Tampa. Florida, to
determine your responsibility in this matter, at which
time your personal record rill be reviewed, You may
have any witnesses or representatives present allowed
under the terms of the agreement; however, their notification and attendance rill be your responsibi
The investigation or hearing was held as scheduled, as a result of
which claimant was dismissed from the service. A copy of the transcript of the
investigation has been made a part of the record. A careful review of the record stews that none of
Claimant was present throughout the investigation and was represented. The
investigation was conducted in a fair and impartial manner.
There was substantial evidence adduced, at the investigation in support of the charges against the c
imposed by the Carrier was not arbitrary, capricious or in bad faith. 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 ell the evidence, finds and holds:
That the parties waived oral hearing;
That the (terrier and the Rmployes 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 Agreement was not violated.
Award Number
23348
Page
3
Docket Number
MW-23373
A W A R D
Claim denied.
NATIONAL RAILROAD AnTI15TKENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of August 1981.