NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25897
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES T_0 DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Section Laborer S. Goodjoint for alleged
misconduct on May 23, 24, 25, 26 and 27, X983, was without just and sufficient
cause (System File 400-57/2579).
(2) The Claimant shall be reinstated with seniority and all other
rights unimpaired his record cleared of the charges leveled against him and he
shall be compensated for all wage loss suffered and expenses incurred."
OPINION OF BOARD: The Claimant herein was the laborer working with the Claimant
involved in Award No. 25858.
A separate investigation was held concerning Claimant's conduct during
the same period, the week of May 23 through May 27, 1983. Following a hearing
conducted on June 16, 1983, on a charge similar to the one involved in Award
No. 25858, Claimant was dismissed from service by notice dated June 24, 1983.
A transcript of the investigation involving Claimant has been made a
part of the record. Upon review we find that none of Claimant's substantive
procedural rights was violated in the manner in which the investigation was
conducted. There was substantial evidence in the investigation that the
Claimant and the foreman were not performing work in the manner that it should
have been performed, and that there was considerable "goofing off' by the
Claimant and the foreman.
We do not consider that the laborer carried the same responsibility
as the foreman. Severe discipline was warranted against the Claimant herein,
but permanent dismissal was excessive. We will award that Claimant be restored
to the service with seniority and other rights unimpaired, but without any
compensation for time lost while out of service.
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;
Award Number 25859 Page 2
Docket Number MW-25897
That the Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the discipline was excessive.
A W A R D
Claim sustained in accordance with Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy .~er - Executive Secretary
Dated at Chicago, Illinois this 30th day of January 1986.