NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25704
David P. Twomey, 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 D. W. Richmond for violation
of 'Rule G' was excessive and disproportionate to the charge leveled
against him (System File C-D-1450/MG-3620).
(2) The claimant shall be reinstated with seniority and all
other rights unimpaired and he shall be compensatd for all wage loss
suffered."
OPINION OF BOARD: The Claimant, Mr. D. W. Richmond, was notified by
letter dated September 24, 1982 of his dismissal
from the Carrier's service for violation of Rule "G" and being quarrel
some and insubordinate as follows:
"Mr. Dennis Wayne Richmond...
Dear Sir:
Referring to investigation held at 11:00 a. m., on
Friday, September 10, 1982, Track Supervisor's Office,
Raleigh, West Virginia.
It has been determined that you were at fault for
violation of Rule 'G' and being quarrelsome and
insubordinate at approximately 10:00 p. m., Friday, June
18, 1982, at Raleigh, West Virginia, and the discipline
administered is dismissal from the service of the
Railway Company.
Very truly yours,
/s/ J. A. Niehaus
J. A. Niehaus
Manager Engineering"
Award Number 25705 Page 2
Docket Number MW-25704
The record reveals that Mr. Richmond was afforded a fair and
impartial investigation. The record also reveals that at the investigation,
Mr. Richmond chose to admit his responsibility for violating Rule "G"
and being quarrelsome and insubordinate on Friday evening, June 18,
1982, when he was called out to perform overtime service in
connection
with a derailment. Mr. Richmond requested leniency at the investigation
in view of his clear record and his participation in an alcohol rehabilitation
program. We are compelled to deny this Claim in view of the seriousness
of the proven offense. It is the sole prerogative of Management to
grant leniency; and the matter of leniency is referred back to the
Carrier.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
;hat 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:
Nancy J. Dever - Executive Secretary
Dated at Chicago, Illinois, this 14th day of November 1985.
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