NATIONAL RAILROAD ADNT BOARD
THIRD DIVISION Docket Number MW-23367
Josef P. Sirefman, Referee
PARTIES TO DISPVrE: Brotherhood of Maintenance of Way Employes
National Railroad Passenger Corporation . ,
STAN O' CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Welder Foreman Thomas Mays was without just and
sufficient cause, arbitrary.
arbitrary,
(System File NECcapricious and on the basis of unproven charges
(2) Welder Foreman Thomas mays shall be reinstated with seniority
and all other rights unimpaired and be compensated for all wage loss suffered.
OPINION OF BOARD:, The Claimant Thomas Mays, a welder foreman with almost four
years of service was given notice on May 29, 1979 of an
investigation on June $, 1979 in connection with; ..
"Violation of NRPC-Amtrak Rules of Conduct.'I' under General
Rules, in that Mr. Mays reported on the NEC-Hdf3 eight hours
straight time for himself and other members of his gang, .
when in fact he performed no compensable services after
1'30 AM, May 24, 1979. Mr. Mays' tour of duty on the above
date was from 9:00 PM, May 23, 1979 to 5:30 AM, May 24, 1979.
Rule 'I' states as follows:
'Employees will not be retained in the service who are
insubordinate, dishonest, immoral, quarrelsome or otherwise
vicious, or who do not conduct themselves in such a manner
that the Company will not be subjected to criticism and loss
of good will."'
After the Investigation Claimant was given written notice of dismissal
on June 19, 1979.
An examination of the record by the Board establishes that Claimant
reported a shift of work for himself and the welding gang although both he and
the members of that gang did not work a full shift in violation of Rule "I".
There was substantial evidence to sustain Carrier's decision to discipline
Claimant. In view of Claimant's prior record, including just coming off a ten
day suspension for a similar infraction, dismissal is reasonable.
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;
i _
Award Number
23445.
Page 2
Docket Number
M-233(7
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 Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAIIRQAD ADJUMENT BOARD
By Order of Third Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this
3rd
day of November
19$1.