NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24716
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman J. J. Linn for alleged "conduct unbecoming
an employee, being insubordinate to Officials of the Railroad company and participating
in an altercation with officials of the Railroad Company on Monday, August 11,
1980· was without just and sufficient cause and unwarranted (System File 2-MG2993/ERRG-1716).
(2) Trackman J. J. Linn shall be reinstated with seniority, vacation and
all other rights unimpaired and he shall be compensated for all wage loss suffered
and for all other Agreement benefits including Health, Welfare and Dental insurance
coverage.
OPINION OF BOARD: Prior to his dismissal, Claimant was employed by the Carrier as
a trackman on Carriers Eastern Rail Gang, with About one year
of-service. The record shows that Claimant injected himself into and was involved
in the controversy between the Claimant involved in Award No. 24571 and the Supervisor
in connection with the removal of the Claimant in the prior case from the camp cars
and the subsequent altercation that took place in the church parking lot, about one
mile from the camp car site. On August 23, 1980, the Claimant in the present dispute
was charged:
"Arrange to attend a hearing on September 2, 1980,
at 9:30 a.m. in the offices of the Manager of Engineering,
located in Room 300, Camden Street Warehouse, Camden and
Eutaw Streets, Baltimore, Maryland.
You are charged with responsibility in conduct
unbecoming an employee, insubordination to officials of the
Railroad, and having an altercation with officials of the
Railroad on Monday, August 11, 1980, in the vicinity of
Fairfield, Pennsylvania.
The investigation is to determine your responsibility,
if any, of conduct unbecoming an employee and being
insubordinate to Supervisor Van Kirk in the Camp Cars of
the Railroad at about 4:15 p.m., by refusing to leave such
equipment when ordered by Supervisor Van Kirk. You then
are charged with responsibility in provoking and having
an altercation a short time after the episode in the Camp
Cars off company property with Supervisor Van Kirk and
Lt. Maloney of the Railroad Police Department.
Award Number 24572
Docket Number MW-24716
"Arrange for your representative and/or witnesses
to be present if desired. ·,
Page 2
The hearing was postponed and held. on September 25, 1980, following which
Claimant was dismissed from the service. A copy of the transcript of the hearing
has been made a part of the record. A review shows that the hearing was conducted
in a fair and impartial
manner. None
of Claimant's substantive procedural rights
was violated.
In the hearing substantial
evidence was
adduced in support of the charges
against the Claimant. It shows conclusively that Claimant interfered with the
efforts of the Supervisor and others to peacefully remove the Claimant in Award No.
24571 from Carrier's property; that-he cursed, taunted, and attempted to physically
intimidate the Supervisor, and that he physically restrained one of the representatives
of the Police Department from coming to the aid of the Supervisor who was being
physically assaulted. The charge was more than adequately supported. The Claimant
was clearly guilty of conduct that cannot be condoned.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and
all the
evidence, finds
and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively
Carrier and Employe 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.
Attes4
t
Nancy er - Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Disci
~~ce
vEo
Dated at Chicago, Illinois this 15th day of December 1983.
~3`~'o
Office
