NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25373
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman M. L. Johnson for alleged insubordination
and conduct unbecoming an employe was excessive and without just and reasonable
cause (System File C-D-1439/MG-3609).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and with the exception of thirty (30) days, he shall be compensated
for all wage loss suffered.
OPINION OF BOARD: Prior to the occurrence giving rise to the dispute herein,
Claimant, with about five months service, was assigned as a
trackman with the Carrier's Southern Region Rail Force, which was working at
Jenkins, Kentucky. On August 27, 1982, he was instructed to attend an investigation
scheduled for 10:00 a. m., September 8, 1982:
"Arrange to attend investigation in Trainmaster's office.
Shelby, Kentucky, at 10:00 a.m., Wednesday, September 8,
1982.
Investigation is to develop your responsibility in
connection with conduct unbecoming an employee and
insubordination when you were argumentative, quarrelsome, abusive and failed to follow Assistant Sup
L. L. Hall's instructions at about 7:05 a.m., on Friday,
August 20, 1982.
Arrange for representation and/or witnesses if desired.·
The investigation was conducted as scheduled, with Claimant present
and represented. A copy of the Transcript of the investigation has been made a
part of the record. From our review, the investigation was conducted in a fair
and impartial manner. None of Claimant's substantive procedural rights was
violated.
In the investigation substantial evidence was presented in support of
the charge against Claimant. His dismissal from service was fully warranted,
and there is no proper basis for the Board to interfere with the discipline
imposed.
Award Number 25412 Page 2
Docket Number NW-25373
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;
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:` y~fi
Nancy J -Executive Secretary
Dated at Chicago, Illinois this 30th day of April 1985.