NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Td-24659
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company (formerly St. Louis( San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman C. L. England for alleged violation of
'Rules 175 and 182' was without just and sufficient cause and an abuse of justice
and discretion by the Carrier (System File B-2014/MWC 81-6-24E).
(2) The claimant shall be reinstated with seniority and all other rights
unimpaired, his record be cleared and he shall be compensated for all wage loss
suffered."
OPINION OF BOARD: Claimant C. L. England had, at the time of his dismissal,
approximately four and one-half months service with the Carrier
working as a trackman on Tie Gang T-2 11 at Fairland, Oklahoma. His assigned gang,
having to work over the lines of the former Frisco Railroad, were provided lodging
facilities in camp cars.
On December 19, 1980, the Claimant was removed from service and dismissed.
Upon his request, an investigation was held. As a result, the General Chairman
was informed on January 13, 1981, that the investigation showed Claimant to be
in violation of Rules 175 and 182 and that he would not be returned to service.
The evidence adduced at the investigation established Claimant urinated
in a bunk car on another employe's personal effects. We find the transcript of
those proceedings substantially supports the Carrier's finding through the testimony
of witnesses and by the Claimant's admissions. Claimant attributed his actions of
December 17 and 18 to becoming "too drunk". Notwithstanding, the adverse effect
of his alcoholic condition, this Board finds no basis to relieve Claimant from the
responsibilities of his actions. It is also noted Claimant failed to appear for
work on December 18. Clearly, this individual needs professional help as evidenced
by his own statements. However sympathetic to the plight of this individual, we
find no factors in the record which would mitigate Claimant's offenses.
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 Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
Award Number 24738 Page 2
Docket Number MW-24659
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: 'z"
Nancy .Y.~Beever - Executive Secretary
Dated at Chicago, Illinois, ·this 30th day of March, 1984.
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