NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23377
Brotherhood of Maintenance of Way Employee
PARTIES '110 DISPU'T`E:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Andrew Liddell was without dust and
sufficient cause and wholly disproportionate to the offense with which charged
(System File C
#61/D-2298-1). '
(2)
Trackman Andrew Liddell shall be returned to service with
seniority and all other rights unimpaired."
OPINION OF BOARD:
Claimant had been in Carrier's service as trackman about
ten years. On March
19, 1979
he was dismissed from the
service for carrying a gun while on duty and on Company property on March
16,
1979·
The claimant requested a hearing in accordance with the provisions
of the applicable Agreement. The hearing was conducted on March
28, 1979s
following which the dispute was handled in the usual manner on the property,
and, failing of settlement, was referred to this Board.
A copy of the transcript of the hearing conducted on March
28, 1979
has been made a part of the record. We have carefully reviewed the transcript
of the hearing and find that none of claimant's substantive procedural rights
was violated. Claimant was present throughout the hearing and wen represented.
The hearing was conducted is a fair and impartial manner.
Rules
700
and
708
of Carrier's Operating Rules for Flployes in The
Maintenance of Way and Structures and the Signal and Communication Department
read:
Rule
700:
"Employes will not be retained in the service who
are careless of the safety of themselves or others, disloyal,
insubordinate, dishonest, immoral, quarrelsome or otherwise
vicious, or who do not conduct themselves in such a manner
that the railroad will not be subjected to criticism and
loss of good will, or who do not meet their personal obli:gations."
Award Number
23349
Page
2
Docket Number
MW-23377
Rule
708:
"Employes are prohibited from having loaded
or unloaded firearms in their possession while on duty
except those employee authorized to do so in the performance of their dudes or those given special p
In the hearing conducted on March
28., 1979
them was substantial
evidence that claimant did have a firearm in his possession while on duty
on March
16~ 1979.
Four employee so testified. Claimant did not come
within the exceptions set out in Rule
708.
This Board has issued a number of awards upholding the dismissal
of employee for being in the possession of firearms while on Company premises*
See Third Division Awards
20199
and
20675;
Second Division Awards
6938
and
7792.
There is no proper basis for the Board to interfere with the discipline
imposed by the Carrier in our present case.
FILINGS: The Third Division of the Adjustment Boards upon the whole
record and all the evidences finds and holds:
That the portico waived oral hearing;
That the Carrier and the Employee involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway
Labor Acts 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 1.4th day of Auguut lytil.