NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26277
(Brotherhood of Railroad Signalmen
PARTIES TO
DISPUTE:
(Providence and Worchester Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Providence and Worchester
Railroad Company:
On behalf of J. J. Jette for all lost time and benefits when, on
May 14, 1985, he was dismissed from Carrier service account of alleged careless behavior while worki
OPINION OF BOARD: Claimant was first employed by the Carrier in September
1977 as a Track Technician. On May 8, 1984, Claimant was
working in a group assigned to gather tools from along the right-of-way. As
Claimant tossed a load of tools onto the bed of the truck, one of the tools
bounced off the others and broke the cap and the window of the truck. By
letter dated May 14, 1984, Claimant was dismissed from service. The Organization thereafter filed a
dismissal.
This Board has reviewed the evidence in the record, and it finds that
there is sufficient evidence to support the finding that the Claimant was
guilty of carelessness and other safety violations on May 8, 1984, when he was
loading tools into the bed of the hi-rail pickup truck being used by his gang.
The record is clear that the Claimant was aware of the great importance that
the Carrier places on proper and safe conduct, and his actions clearly violated several General Safe
Once this Board has determined that there is sufficient evidence in
the record to support the finding of guilty, we next turn our attention to the
type of discipline imposed. This Board will normally not set aside the Carrier's imposition of disci
Moreover, the Claimant had received three written warnings.
Award Number 26131 Page 2
Docket Number SG-26277
Although the Organization argues that the Claimant is a longtime employee, the record is clear t
years and that his total time of active service was the equivalent of two and
three-quarter years.
Consequently, the Claimant does not have a work history either in
terms of length of service or in terms of good behavior to justify setting
aside the discipline imposed by the Carrier. The action of the Carrier was
not unreasonable, arbitrary, or capricious, and the Claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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 J r - Executive Secretary
Dated at Chicago, Illinois this 19th day of September 1986.