NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-26061
(Michael R. Carroll
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM:
"This is to service notice, as required by the rules of the National
Railroad Adjustment Board, of my intention to file ex parte submission
covering an unadjusted dispute between the Illinois Central Gulf Railroad and
myself involving the question of my dismissal from service.
I would like to appeal the ICG Railroad's decision of my dismissal
from service."
OPINION OF BOARD: The Claimant was sentenced to jail on October 25, 1983,
for the stabbing death of his wife. In December, 1983, the
Carrier conducted an Investigation in absentia and dismissed Claimant because
Rule H states
"...
immoral acts or serious violations of the law are
prohibited". Also, Rule I says
"...
Employes must not be
...
immoral,
quarrelsome or otherwise vicious
....
The Claimant contends he was on furlough while in Court and being
sentenced, and hence not holding a position with the Carrier at the time.
Also, he did not plead guilty to the charge, but was so found by the Court.
The Board finds no reason to modify the Carrier's judgment. The
Claim has a significant procedural defect in that it was not conferenced on
the property as required by the Railway Labor Act. This alone warrants the
dismissal of the case. Even if this were not so, the separation from service
would be justified because of the violence that was committed. The Carrier
rightfully must protect its image among users and the public. In special
circumstances, including the instant case, the image extends to off-premises,
off-hours behavior.
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 26038 Page 2
Docket Number MS-26061
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.jpWer - Executive Secretary
Dated at Chicago, Illinois, this 11th day of June 1986.