NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number Mw-25427
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 Track Inspector Oliver Bolden, Jr. for
alleged "conduct unbecoming an employe* on July 9, 1982 was without just and
sufficient cause and on the basis of unproven charges (System File C-D1431/MG-3610).
(2) 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: Prior to his dismissal, Claimant was an Assistant Track
Inspector assigned to Force 1184 at Shelby, Kentucky.
On July 9, 1982, Claimant was instructed to drive his truck to the
Mechanic's Shop at Russell, Kentucky so that hi-rail wheels and bearings on
the truck could be repaired. The evidence supports the Carrier's finding
that he went to the Ashland Plaza where he exposed himself to a woman.
Several Awards of this Board have held that an employe is subject
to discipline for off-property conduct which subjects the employer to adverse
criticism or damages the employer's reputation. Awards have also held that
dismissal for "conduct unbecoming' is not excessive. This claim, therefore,
will 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 25621 Page 2
Docket Number MW-25427
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 19th day of September 1985.
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