NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-26168
(Brotherhood of Railway, Airline and Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-9972) that:
(a) Carrier violated the Agreement at Topeka, Kansas, when it removed
Mr. N. W. Phillips from its service, and
(b) Carrier shall now return Mr. N. W. Phillips to its service, with
all rights unimpaired and with pay for all time lost, at the regular rate of
his position from July 1, 1983, forward".
OPINION OF BOARD: Claimant was employed by the Carrier with a seniority date
of September 10, 1965, at the time of the instant dispute,
was regularly assigned to Trucker Position 6152, Purchases and Materials
Department, Topeka, Kansas.
On July 1, 1983, Claimant and Carrier's Sectional Storekeeper became
involved in an altercation, during which Claimant allegedly pulled a knife
from his pocket and threatened to use it. Claimant received a formal Notice
of Investigation the same day, charging him with violations of General Rules
2, 16, and 17. These Rules provide:
"Rule 2: Employes must be conversant with and obey the
Company's rules and special instructions. If an employe
is in doubt, or does not know the meaning of any rule or
instruction, he should promptly ask his Supervisor for an
explanation. A copy of Form 2626 Std. is furnished each
employe to be retained by him for his guidance.
Rule 16: Employes must not be careless of the safety of
themselves, or others; they must remain alert and attentive
and plan their work to avoid injury.
Employes must not be indifferent to duty, insubordinate,
dishonest, immoral, quarrelsome or vicious.
Employes must conduct themselves in a manner that will not
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Docket Number CL-26168
bring discredit on their fellow employes or subject the
company to criticism or loss of goodwill.
Rule 17: Employes must not enter into altercations, play
practical jokes, scuffle, or wrestle on company property.
Employes must devote themselves exclusively to their duties
during their tour of duty.
Gambling, playing games, reading newspapers, books or use of
a television while on duty is prohibited."
After a postponement, the Investigation was held on August 30, 1984. As a result of the Hearing,
then filed a Claim on Claimant's behalf, challenging his dismissal.
This Board has reviewed all of the evidence and testimony in this
case, and we hereby find that there is sufficient evidence in the record to
support the finding that the Claimant was guilty of the Rule violation with
which he was charged. The Carrier presented a credible witness who testified
that the Claimant became upset after receiving an order from his Supervisor
and pulled a knife out of his pocket, opened it, and threatened to use it.
Moreover, the Carrier presented evidence of insubordination and other Rule
violations on the part of the Claimant on that same occasion. Although there
is a credibility question, the Claimant states that the item that he pulled.
from his pocket was a fingernail clipper and not a knife; it is fundamental
that this Board does not decide questions of credibility and will not substitute its judgment for th
25102 and 24991.
With respect to the procedural claims made by the Organization, this
Board finds that the Hearing was held properly and that the Claimant was guaranteed all of his proce
Once this Board determines that there is sufficient evidence in the
record to support the guilty finding, we next turn our attention to the type
of discipline imposed. The record indicates that in 1982, the Claimant was
terminated from employment but was reinstated on a leniency basis after an
almost six-months suspension. The incident in question took place only seven
months after his reinstatement on that leniency basis. With that record, we
find that the Carrier's action in terminating the Claimant was not unreasonable, arbitrary, or
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;
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Docket Number CL-26168
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
Attes
Nancy J.?-Executive Secretary
Dated at Chicago, Illinois this 8th day of July 1986.