NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25016
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer R. J. Sandoval for alleged violation of
Safety Rule 'No. 5' and Operating Rule Nos. '700' and '708' was without just
and sufficient cause (System File CN20/D-2508-1).
(2l The claimant shall be reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: The record shows that Claimant, employed as a laborer, had
been in Carrier's service since September, 1978. On July 23,
1981, he was dismissed from service for alleged violation of Carrier's Safety
Rule No. 5 and Operating Rules Nos. 700 and 708. The rules read:
"Safety Rule No. 5:
The use of alcoholic beverages or narcotics by employes subject to
duty is prohibited. Being under the influence of alcoholic beverages
or narcotics while on duty or on Company property is prohibited. The
use or possession of alcoholic beverages or narcotics while on duty
or on Company property is prohibited."
"Operating Rule No. 700:
Employes will not be retained in the service who are careless of the
safety of themselves or others, disloyal, insubordinate, dishonest,
immoral, quarrelsome or otherwise vicious, or who do not conduct
themselves in such a manner that the railroad will not be subjected
to criticism and loss of good will."
"Operating Rule No. 708:
Employes are prohibited from having loaded or unloaded firearms in
their possession while on duty except those employes authorized to do
so in the performance of their duties or those given special permission
by the Superintendent."
Claimant requested a hearing in connection with his dismissal. The
hearing was scheduled for and conducted on August 10, 1981, following which the
Carrier affirmed the Claimant's dismissal. A copy of the transcript of the
hearing conducted on August 10, 1981, has been made a part of the record.
Award Number 24991 Page 2
Docket Number MW-25016
There was substantial evidence presented in the hearing on August 10,
1981, to the effect that Claimant was on the Carrier's property in an intoxicated
condition about 3:00 A. M., July 22, 1981; that he was in possession of a pistol
and that he threatened a Security Guard and another employe. There were conflicts
between the testimony of the Claimant and others; however, it is well settled
that this Board does not weigh evidence, attempt to resolve conflicts therein,
or pass upon the credibility of witnesses. Such functions are reserved to the
Carrier. The Board may not properly reverse the decision of a Carrier simply
because of conflicts in testimony.
This Board has issued numerous awards upholding the dismissal of
employes for being in possession of firearms while on Company property. See
Third Division Awards Nos. 23349, 20693, 20199, and Second Division Awards Nos.
6938, 6692 and 9299.
There is no proper basis to disturb the disicpline imposed by the
Carrier.
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 Employes 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
Nancy J(
.~lr - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.