Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Cornelius Goss for alleged - coaduct 'unbecoming to an employe of the Terminal Railroad Association of St. Louis' was without just and sufficient cause. and on the basis of unproven charges (System File 1979-38).

 (2) Trachan Cornelius Goss shall be reinstated with seniority sad all other rights unimpaired and be compensated for all wage loss suffered."

 OPINION OF BOARD: Mr. Cornelius Goss, the Claimant, was employed as a Track
 Laborer by the Carrier with a seniority date of July 20, 1977. The Carrier became aware, on July 30, 1979, of the Indictment, Plea and Sentencing is the case of State of Illinois vs Cornelius Goss., that Claimant had been indicted by the Grand Jury in the Circuit Court of the 12th Judicial Circuit, St. Clair County, Illinois for the offense of Murder of Charles Lewis on January 13, 1979. As a result of some plea bargaining in exchange for Claimant's plea of guilty to Involuntary Manslaughter, Claimant was sentenced on July 6, 1979 to 30 months' probation, conditions of which were that Claimant was to refrain from alcohol and not to carry a weapon.




Award Number 23836
 Docket Number MW-2306

The hearing was held on August 17q 19T9.. after one postponement. Copy of the transcript was made a part of the record. A careful study of the transcript reveals Claimant was given a fair sad impartial hearing. He was represented by the General Chairman of his Organizations accorded the right to produce witnesses at the hearing but he chose not toy and was accorded the right to cross examine Carrier's witnesses.

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 its services.

 The Carrier on August 23,9 19't9, dismissed Claimant Prom

 A thorough study of the entire record including the transcript and the evidence developed is the hearing clearly shoes Claimant pleaded guilty to a charge of Involuntary Manslaughter which incident had resulted in the death of another human being. The Carrier proved beyond. any reasonable doubt that Claimant engaged in conduct unbecoming an employee aAj, we find that Carrier was not arbitrary or unreasonable in finding Claimant guilty of the charges as serious as these. For these reasons this Hoard will not disturb the discipline assessed.

That the parties waived oral hearing;

 That the Carrier and the Employes involved is this dispute are respectively Carrier 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.

 A W A R D
Claim denied.

 ATTEST: Acting Executive Secretary

BY ~W y
osemarie Brasch - Administrative Assistant

 NATIONAL RAILROAD AWTISTIMIT BOARD
 By Order of Third Division

 y
 CE IOf ~,.

Dated at Chicago, Illinois, this 26th day of March 1982.`X,c~`'ro Oiifco-