NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23252
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CIAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman D. G. Johnson for alleged violation of
Rule
18
was unwarranted, without just and sufficient cause and on the basis
of unproven and disproven charges (System File C-4(13)-DGJ/12-39 (79-10) J).
(2) Trackman D. G. Johnson be reinstated with seniority and all
other rights unimpaired, his personal record be cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant D. G. Johnson, a Trackman, was charged with
violating Rule
18
of the Carrier's Safety Rules For Engineering
and Maintenance of Way Employee ("Employees must work in harmony with
associates"), based on an incident between Claimant and his Roadmaster on
September 7, 1978. A hearing was held on September 22nd and Claimant was
dismissed on October 3, 1978.
A review of the record before this Board establishes that Claimant
was argumentative with his Roadmaster and slammed mail down on the latter's
desk as a display of anger and threatened him. There was substantial evidence
in the record to sustain Carrier's decision to discipline Claimant. In view
of claimant's relatively short tenure as an employe of Carrier, a 30 day
suspension about a year prior for violation of the same Rule, and that Claimant
was in the middle of another five day suspension when the incident took
place, dismissal was 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;
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
-he dispute involved herein; and
That the Agreement was not violated.
Award Number
23473
Docket Number
r?·7-23252
Page
2
A W A R D
Claim
denied.
NATIONAL RA IIROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this
8th
day of December
1981.
J~ C-.c~