NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25778
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
(Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Camp Overseer M. Brown for alleged violation
of 'Rules "I" and "J"' was without just and sufficient cause and on the basis
of umproven charges (System File NEW-BMWE-SD-500D).
(2) Camp Overseer M. Brown shall now be allowed the benefits
prescribed in Agreement Rule 74(h)."
OPINION OF BOARD: The Claimant, Mr. M. Brown, entered the Carrier's service
as a Trackman on March 12, 1977. On August 12, 1982, Mr.
Brown was assigned as Camp Overseer at the TLS Campsite at Odenton, Maryland.
By letter dated August 12, 1982, Mr. Brown was notified to attend a trial on
August 30, 1982, concerning the following charges:
"In connection with the incident which
occurred on August 12, 1982, at the TLS
Campsite at Odenton, MD, M/W facility near MP
114.5, approximately 11:00 a.m., whereby you
stole personal property (Briefcase) from
Heiser Corp. employee, Kevin Coyle's Company
vehicle, and struck hood of the same vehicle
with your fist, as well as using abusive
language toward Mr. Coyle during the incident,
your conduct being in violation of Amtrak
General Rules, 'I', and 'J', which read:
"Rule 'I'...Employees will not be retained in
the service who are insubordinate, dishonest,
immoral, quarrelsome or otherwise vicious, or
who do not conduct themselves in such manner
that the Company will not be subjected to
criticism and loss of good will.
"Rule 'J', which reads in part ...Courteous
conduct is required of all employees in their
dealing with the public ...and each
other ...boisterous, profane or vulgar language
is forbidden."
The trial was postponed and rescheduled and held on September 13,
1982. Following the trial, Mr. Brown was notified that he was assessed the
discipline of dismissal in all capacities.
Award Number 25707 Page2
Docket Number MW-25778
The Organization contends that the charges against Mr. Brown were
not supported by positive testimony; that the discipline was harsh and excessive, and the discipline
record and not on the facts of the instant case. The Carrier disagrees.
Mr. Brown admitted at the trial that he took Mr. Coyle's briefcase
and struck the hood of Mr. Coyle's vehicle. Mr. Coyle testified that Mr.
Brown took his briefcase without permission, pounded on the hood of Mr.
Coyle's vehicle and used abusive language. We find that this testimony of
both Mr. Coyle and Mr. Brown constituted substantial evidence of record in
support of the Carrier's finding of violations of Rules "I" and "J". We find
that it was not error for the Trial Officer to enter Mr. Brown's past disciplinary record into the T
limited purpose of considering the measure of discipline to assess, should the
instant charge against Mr. Brown be proven. We find that the record in this
case does not reveal that Mr. Brown's past record influenced the decision or
guilt, but was properly used to assess the measure of discipline after his
guilt was established by substantial evidence of record including his own
admissions. We find that in the context of the proven Rules violations of the
instant case, and his less than satisfactory past disciplinary record, the
discipline of dismissal is neither arbitrary, capricious nor excessive. We
shall deny this Claim.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the parties waived oral hearings;
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
/IiLCi:/V.
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Attest:
1,n ~- -
ancy J. -Executive Secretary
i
Dated at Chicago, Illinois, this 14th day of November 1985. ~'^ ~L~ SCE-'-~'~'~