NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26209
(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 Trackman J. E. Jordan for alleged 'VIOLATION OF
NRPC GENERAL RULES OF CONDUCT RULE C
...
I
... J ...
K
...
L
...'
was without
just and sufficient cause, on the basis of unproven charges and excessive
(System File NEC-BMWE-SD-826D).
(2) The claimant shall be reinstated, his record shall be cleared
of the charge leveled against him and he shall be compensated for all wage
loss suffered."
OPINION OF BOARD: Claimant was employed as a Trackman by the Carrier with
a seniority date of September 17, 1976. On February 21,
1984, Claimant was notified to appear at a Hearing on charges that Claimant
had violated Carrier's General Rules C, I,
J,
K, and L. The notice specified
that:
"At approximately 2:30 PM on February 9, 1984
you were observed to be absent from your
assigned duty as flagman working with a crane
near the Annex Building at the Ivy City Service
Facility, Washington, D.C. At approximately
2:45 PM upon your return to your assigned work
location, when questioned by your foreman, you
responded to him with profanity; threatened the
foreman and his family with bodily harm, you
also were observed to be under the influence
of intoxicants."
The Hearing began as scheduled on February 28, 1984, then was recessed and
reconvened on March 1, 1984. As a result of the Hearing, Claimant was
dismissed from service. The Organization thereafter filed a Claim on
Claimant's behalf, challenging his dismissal.
This Board has reviewed the testimony and evidence in this case, and
we find that there is substantial evidence in the record to support the finding that the Claimant vi
February 9, 1984. The record is replete with credible evidence of Claimant's
vulgar and profane language directed at a Supervisor in response to a simple
question inquiring as to Claimant's whereabouts. Moreover, there is sufficient evidence that the Cla
Award Number 26129 Page 2
Docket Number MW-26209
Supervisor and that he was under the influence of alcohol at the time of the
incident. Hence, there is sufficient evidence in the record to support the
finding that the Claimant was guilty of violating several of the Carrier's
Rules of conduct.
It is fundamental that this Board will not attempt to resolve
conflicts in the testimony and that, absent any evidence of arbitrary or
capricious behavior on the part of the Hearing Officer, the Board will not
disturb the Hearing Officer's determination in that regard. This Board has
reviewed the record, and we do not find any basis to set aside the findings of
the Hearing Officer.
Once this Board has determined that the finding of guilty is
warranted, we next turn our attention to the type of discipline imposed by the
Carrier. This Board will not set aside discipline unless it finds that the
action taken by the Carrier was unreasonable, arbitrary, or capricious. This
Board has reviewed the record and finds that it was not unreasonable, arbitrary, or capricious for t
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _.
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 19th day of September 1986.