Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28016
THIRD DIVISION Docket No. CL-28241
89-3-88-3-43
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10230) that:
1. Carrier violated the Agreement Rules, particularly Rule 56, when
under date of February 4, 1987, it dismissed Ms. Carmen Judice from the service of the Carrier on th
and
2. Carrier shall be required to clear the record of Ms. Carmen
Judice of all related charges and compensate her for all time lost with full
seniority rights, vacation rights and all other conditions as provided for the
current BRAC Agreement, effective with the date of January 23, 1987, the date
Carrier held Claimant Carmen Judice from the service of the Carrier and continuing until such time a
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.
Claimant was employed as a Chief Clerk. On January 23, 1987, Claimant was directed to attend a f
"Your alleged failure in connection with your
conduct unbecoming an employee in violation of
the Northeast Illinois Railroad Corporation
Employee Conduct Rules, Form E-O1-RC, under
General Rules 'N', Paragraph 1, 3(1), 3(5), and
3(6), which state:
Form 1 Award No. 28016
Page 2 Docket No. CL-28241
89-3-88-3-43
'1) Courteous deportment is required of all
employees in their dealings with the
public, their subordinates and each
other.
3) Employees must not be:
(1) Careless of the safety of themselves
and others.
(5) Immoral.
(6) Quarrelsome or otherwise vicious.'
When on Thursday, January 22, 1987, at approximately 10:50 a.m., you allegedly threatened to
inflict bodily harm to Mr. G. A. Fuller, Division Manager - Mechanical Department."
The hearing took place on January 29, 1987, and Claimant was dismissed from
service. The Organization thereafter filed a claim on Claimant's behalf,
challenging her dismissal.
This Board has reviewed the procedural arguments raised by the Organization, and we find them to
With respect to the substantive issue, this Board finds that there is
sufficient evidence in the record to support the finding that the Claimant is
guilty of conduct unbecoming an employee when she threatened to inflict bodily
harm to a Division Manager of the Carrier.
Once this Board has found that there is sufficient evidence in the
record to support the guilty finding, we next turn our attention to the type
of discipline imposed. This Board will not set aside a Carrier's imposition
of discipline unless we find it to have been unreasonable, arbitrary, or
capricious.
In the case at hand, the Claimant has been found guilty of making
serious threats toward a managerial employee. That type of behavior has been
found to be a dismissible offense on numerous occasions in the past. Given
the nature of the wrongdoing, this Board cannot find that the action taken by
the Carrier was unreasonable, arbitrary, or capricious. Therefore, the claim
must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Z
Nancy J ~Oer - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1989.