NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25419
Nicholas Duda, Jr., Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Southern Region)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman L. D. Collins for taking part "in
altercations and confrontations, causing several threatened and actual
physical assaults" on September 16, 1982 was excessive (System File C-D1465/MG-3652).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired and, with the exception of five (5) days' pay, he shall be
compensated for all wage loss suffered.
OPINION OF BOARD: The record establishes that Carrier had evidence of
Claimant's responsibility and involvement in the altercations and other misconduct on Septemb
which Claimant admitted, are very serious and constitute just and sufficient
cause for discipline.
We do not find a basis within this record to support a finding that
the Carrier acted arbitrarily, capriciously or in bad faith in dismissing
Claimant. There was no violation of the Agreement so the claim must be
denied.
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.
Award Number 25619 Page 2
Locket Number MW-25419
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 19th day of September 1985.
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