NATIONAL
RAILROAD
ADJUSTMKNT
BOARD
THIRD
DIVISION
Docket Number NW-23921
(Brotherhood of Maintenance of Hay Employee
PARTIES 10 DISPUTE:
(The Chesapeake and Ohio Railway Company
( (Northern Region)
STATO'NT CF Q.AD4: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Martin
R.
Haack for alleged insubordination and eruct unbecoming an employe was without just and sufficient
cause and wholly disproportionate to such charges (System File
C-D-875/MG2686).
(2 Trackman Martin
R.
Haack shall be allwed the remedy prescribed
in Rule 24(e;."
OPI910S OF BOARD: The claimant herein vas employed by the Carrier as a
trackman, and had about two years of service at the time
of the occurrence giving rise to the dispute herein. On November 14,
1979,
he
vu notified:
"Arrange to attend a hearing in the office of Supervisor
of Track,
900
Starkwesther Road, Plymouth, Michigan at 10:00 A.M.,
Wednesday, November
28, 1979.
"Yon are charged with insubordination for failure to comply
with a Supervisor's instructions and conduct unbecoming an employee at approximately
7:30
A.M.,
November 9,
1979s
at Plymouth.
"Arrange for representation and/or witnesses if desired."
the hearing vas conducted as scheduled, and a copy of the transcript
has been made a part of the record. Claimant vas present throughout the investigation and vas repres
stated that he protested the hearing because of lack of a precise charge. It
is noted that Rule 24(b) of the applicable Agreement does not contain the word
"precise." However, the Board concludes that the charge quoted above vas sufficiently precise to ena
defense. It notified claimant of the action complained of, the time, date,
and place. The charge met the requirement of the rule and the investigation
vas conducted in a fair and impartial manner.
Award Number 23528 Page 2
Docket Number MW-23921
There is substantial evidence in the investigation that claimant
refused to stop blowing the horn of the bus, that he was driving to take the
men to the work site, when instructed to do so by the Supervisor of Work
Equipment. The horn stopped blaring when a mechanic disconnected the horn
wire.
There is also substantial evidence that claimant used foul and
abusive language to the supervisor.
The Board finds substantial evidence in the investigation to
support claimant's dismissal from the service. The Carrier's action was
not arbitrary, capricious or in bad faith.
FINDINGS: The Third Division of the Adjustment Boexd, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Foployes 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 RAILROAD ADJUSS031T BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February
19a2.