NATIONAL RAILROAD AWUS24ENT BOARD
THIRD DIVISION Docket Number
DlW-23770
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Chesapeake eel Ohio Railway Company
( (Southern Region)
STATEMENT OF CLAIM: "C1rtim of the Syst;m Committee of the Brotherhood that:
(1) The dlsm'.ssal of '1'raclrnran Clarence Keathley for alleged assault
was urnrnrranted, without dust and sufficient cause and on the basis of un-
proven charges
(System
Wile G
D-880/M-2685).
(2)
Trackman Clarence Keathley shall be reinstated with seniority
and all other rights unimpaired and be compensated for all wage loss suffered."
OPINION OF BOARD: The claimant herein was a trackman with about two and
one-half years of service with the Carrier at the time
of the occurrence giving rise to the claim. On November 20,
1979
claimant
was notified:
"Arrange to attend a hearing is the office of ManagerEagineering,
14501
heat McNichols Road, Detroit, Michigan, at
1:00 P.M., Friday, Lecember
14, 1979.
"You are charged with assaulting your acting foreman, at
approximately
9:15
AM, Wednesday, Novemner
28, 1979,
in the
Fullerton Section House, Detroit, Michl3an.
"Arrange for representation and/or witnesses, if desired.
"Please acknowledge receipt of this letter."
The hearing was held as scheduled and a copy of the transcript has
been made a part of the recorc.. Claimant was present throughout the investigation ate. was represen
27, 1979,
of
his dismissal from the service.
We find that none of claimant's substantive procedural rights was
violated in the charge, the irwestigation, or in the appeal on the property.
While there were conflicts in the testimony at the investigation, it is well
settled. thevt this Board does riot weigh evidence, attempt to resolve conflicts
therein, or pass upon the credibility of witnesses. Such functions are r~·served to the heari
Award Number 23501
Docket Number MW-23770
Page 2
We firm that there was substantial evidence adduced. at the
investigagion in support of the charge against the claimant. His dismissal from the service was not
There is no proper basis for the Hoard to interfere with the discipline
imposed.
FILINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidences finds and'holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved is this dispute
are respectively bier and Employes 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.
Claim denied.
Executive Secretary
TiATIONAL RAILROAD AWUS24M HOARD
By Order of Third Division
Dated at Chicago, Illinois this 29th day of
January 19f.2).
~~C6,_
00
Office -