NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23777
Josef P. Sirefman, Referee
. (Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (Southern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company, et al.:
On behalf of Assistant Signalman M. J. Ellison (dismissed effective
October 1, 1979, after an investigation held in Memphis, Tennessee on September
20, 1979) for reinstatement to service, restoration of his seniority, and pay for
all time lost because of this dismissal." (Carrier file: SG-x+12. General
Chairman file: SR-140)
OPINION OF BOARD: Claimant M. J. Ellison, an Assistant Signalman with about
three years service was charged in a September
4,
1979 notice of
investigation "with conduct unbecoming to an employee of the Southern Railway
Company on August 28, 1979 rich resulted in your being banned from the motel
where lodging was being furnished to you and your fellow employees of Southern
Railway Company". An investigation was held on September 20, 1979 and Claimant
was dismissed on October 1, 1979.
A review of the record before this Board establishes that the September
1979 notice of investigation provided sufficient particularity to permit
Claimant to properly prepare s defense for the allegations contained therein.
Where the Carrier provides lodging off the property employee are required to
comport themselves in a manner which will not discredit their employer. The
record, including the direct testimony of the chambermaid that Cl,eimant treated
her improperly, establishes that Claimant did not live up to this standard. There
was substantial evidence in the record to sustain the Carrier's decision to
discipline Claimant for this serious infraction. Even if a disputed prior element
in his record is disregarded there remain two prior suspensions of thirty and five
days within the fifteen months before the incident involved in this proceeding.
Therefore, the penalty of dismissal was reasonable.
Award Number 24111 Page 2
Docket Number SG-23777
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole record
and all the evidence, finds and holds:
That the Carrier and the Employee 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 ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
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Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of January
1983·
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