NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24290
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT CF CLAIM: Claim of the System Committee of the Brotherhood
(cL-95o3) that:
(1) Carrier did violate the effective Clerk-Telegrapher Agreement
when, on December 1, 19W it unjustly dismissed Clerk Operator D. L. Jefferson
from terrier's service, and
(2) As a result of such impropriety, Carrier shall be required to
reinstate Mr. D. L. Jefferson to his former position and compensate him for
ell wages lost, commencing December 1, 1980, and continuing until reinstated.
OPINION OF HOARD: Clerk Operator D. L. Jefferson was dismissed from the
service of the Carrier on December 1, 1980, following
a formal investigation after which he was found guilty of using profane
vulgar language, conduct unbecoming an employs and threatening the Trainmaster.
Prior to his dismissal, Claimant was one of nine former CRI & P Railroad (Rock
Island) clerical employee hired by the H&0 in August 1980, to perform service
on the former Rock Island Subdivision under Agreement made March 4, 1980, com
monly referred to as the "Miami Accord." The Board will examine three issues
raised by the Claimant:
(1) Whether a fair and impartial hearing occurred;
(2) Whether there was sufficient evidence of record to
find Claimant guilty of the charges; and
(3) Whether the discipline should be dismissed.
First, it is the opinion of the Board that Claimant was given a full and fair
hearing in compliance with Rule
47
of the Agreement. The record of the investigation clearly shows that the hearing was conducted in a
the opportunity to present and cross-examine witnesses. The Claimant was present
at the investigation and assisted by a representative of his choice.
Second., it is the opinion of the Board that there exists substantial evidence in
the record to support the charges of using profane and vulgar language, conduct
unbecoming an employs, and threatening the Trainmaster. Longstanding opinion of
the Board clearly held that this Board will not upset the findings of a properly
conducted investigation where there is substantial evidence to support the charges.
Award Number 24060
Docket Number CL-24290
Page 2
Thirds it is the opinion of this Hoard that the seriousness sad cavity of
these offenses support the discipline as assessed by the terrier and that
this Board will not interfere with the discipline imposed.
FINDINGS: The Third Division of the Adjustment Boards upon the whole record
and all the evidences 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
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
National Railroad Adjustment Board
y
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Rosemarie Breach - Administrative Assistant
NATIONAL RAILROAD AWUS20NT HOARD
By Order of Third Division
Dated at Chicago Illinois this 14th day of December 1982.
