Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29125
THIRD DIVISION Docket No. MW-29518
92-3-90-3-453
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Seaboard Coastline Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The termination of Trackman M. Kersey for his alleged uncivil
and boisterous conduct and insubordination was arbitrary, capricious, unjust
and in violation of the Agreement (System File MK-90-21/1290248 SSY).
(2) As a consequence of the violation referred to in Part (1) above,
the Claimant shall be reinstated with benefits and all other rights unimpaired, his record cleared o
wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, "nds that:
The carrier or carriers and the employe or employes involved in this
dispute are respective:? carrier and employes within the meaning of the
Railway Labor Act as a~oroved June 21, 1934.
This Division )f the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In December 1989, and January 1990, Claimant was involved in a series
of incidents and absences which Carrier's Roadmaster was discussing with him
in the Roadmaster's office on January 10, 1990. In the course of this discussion, Claimant became 'e
was placed against him.
"You are hereby charged with being absent from
your posit-on as Trackman on Gang 5F27 at Hamlet, NC,
from Januar? 3, 1990, through January 7, 1990, without proper authority. You are also charged with
being insu5ordinate to Roadmaster Crook and conducting yourseif in an uncivil and boisterous manner
his office on the morning of January 10, 1990.
Form 1 Award No. 29125
Page 2 Docket No. MW-29518
92-3-90-3-453
Further, you are also being charged hereby with
being insubordinate on January 10, 1990, in that you
returned to work without furnishing Mr. Crook certain
documents which you were instructed to furnish him
prior to reporting to your job."
Following the Investigation on these charges Claimant was dismissed
from service. The Organization has appealed the dismissal on a variety of
procedural grounds as well as on its merits. We do not find Claimant's procedural due process rights
breached so as to flaw the discipline assessed. With regard to the merits of
the matter, the Investigation Transcript contains adequate evidence to establish that Claimant was g
the Hearing when being asked if he would refrain from belligerent conduct in
the future when dealing with the Roadmaster he was unwilling to make assurances that he would do so.
Accordingly, the record establishes that cause was present to administer discipline.
With regard to the level of discipline assessed, dismissal, it is
noted that among the entries in Claimant's disciplinary record is a letter
releasing him from service on another division as a result of failure to
comply with instructions and being argumentative with supervisors. This and
two other letters of reprimand leave us without a basis to modify the dismissal. It will not be dist
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D a -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.