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Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27863 THIRD DIVISION Docket No. CL-28021 89-3-87-3-578 The Third Division consisted of the regular members and in addition Referee Paul C. Carter when award was rendered. (Transportation Communications International Union PARTIES TO DISPUTE: (The Atchison, Topeka and Santa Fe Railway Company STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood

(GL-10199) that:

(a) Carrier violated the current Clerks' Agreement at Houston, Texas, when on June 3, 1986, it unfairly and improperly removed Claimant Laughlin from the service of the Carrier, and (b) Facts developed at the formal investigation held on May 27, 1986, failed to sustain Carrier's alleged charges and did not justify or warrant the harsh and severe penalty imposed, and (c) Claimant Laughlin shall now be reinstated to service with the Carrier with all rights unimpaired and paid for all monetary loss sustained as a result of being dismissed, his personal record cleared of all charges, and (d) Claimant Laughlin shall now be paid an additional twelve per cent per annum until claim is paid." FINDINGS: The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that: The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934. This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Prior to the occurrence giving rise to the dispute herein, Claimant, with a seniority date of June 19, 1968, was employed by the Carrier as Customer Service Clerk at Houston, Texas. On April 25, 1986, Claimant was instructed to attend formal Investigation on May 2, 1986, concer and indifferent during a telephone conversation with a customer on April 14, Form 1 Award No. 27863 Page 2 Docket No. CL-28021 89-3-87-3-578 1986, which subjected the Carrier to criticism and loss of good will, in possible violation of R Guidance of Employes. In the notice of April 25, 1986, the customer was identified. Following postponement, the Investigation was conducted on May 27, 1986, after which Claimant was dismissed from Carrier's service on June 3, 1986, for violation of Rule 16 of the General Rules for the Guidance of Employes, which Rule reads:<

"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 vici

Employes must conduct themselves in a manner that will not bring discredit to their fellow employes or subject the company to criticism or loss of good will."

A Transcript of the Investigation conducted on May 27, 1986, has been made a part of the record. Upon review the Board finds that none of Claimant's substantive Agreement have upheld the admissibility of written statements, especially from nonemployes, in disciplinary In (Third Division Awards 22618, 24764). We find that substantial evidence was adduced in the Investigation to show that Claimant was guilty of being quarrelsome, indifferent to d We find that severe discipline was warranted, but permanent dismissal was excessive. We will award that Claimant be restored to service with seniority and all other right lost while out of service. The Claimant should understand that the purpose of this award is to give him one last chance to become a reliable, dependable and competent employee of the Carrier, but that further major infractions on his part will receive close scrutiny by all concerned.

A W A R D

Claim sustained in accordance with the Findings. Form 1 Award No. 27863 Page 3 Docket No. CL-28021 89-3-87-3-578 NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: Nancy J. eVf - Executive Secretary Dated at Chicago, Illinois, this 4th day of May 1989.