"Claim of the System Committee of the Brotherhood that:

(1) The discipline (withheld from service and subsequent dismissal) imposed upon Foreman J. R. Pryor for alleged violation of Southern Pacific Rules 1.6 and 1.1.3 in connection with a vehicular accident that occurred on April 20, 1997 was arbitrary, capricious, at a hearing that was neither fair nor impartial and in violation of the Agreement. (System File MW-97-42-CB/1079874-D SSW).

(2) As a consequence of the violation referred to in Part (1) above, the Claimant shall be reinstated to his former position with seniority and all rights unimpaired, his record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered with per diem beginning April 22, 1997 and continuing until he is returned to service."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The Carrier sent a termination letter, dated May 1, 1997, to the Claimant. The letter indicated, in pertinent part, that:

"On Sunday, April 20, 1997, at approximately 4:30 p.m., while operating a Company vehicle . . . , you were involved in a vehicular accident, which resulted in damages to the vehicle in excess of $5000, and for which you were cited for reckless driving and submitting a falsified accident report to the local law enforcement officers. Subsequently, you submitted several different accident reports, to Manager Todd Plank, which were also falsified. Also, you were operating this vehicle without proper authorization. Such actions on your part are considered to be dishonest, conduct unbecoming an employee, and careless of the safety of yourself, and others in connection with this incident.

Therefore, in accordance with Article 14 of your agreement, you are hereby dismissed from the service of the Company."

The General Code of Operating Rules provides:

"1.0 General Responsibilities

1.1.3 Accidents, Injuries, and Defects

Report by the first means of communication any accidents; personal injuries; defects in tracks, bridges, or signals; or any unusual condition that may affect the safe and efficient operation of the railroad. Where required, furnish a written report promptly after reporting the incident.

Rules 1.1.3 and 1.6 constitute reasonable work Rules. The requirement for honesty in the workplace is a critical ingredient in the overall mixture that enables coworkers to f Similarly, the safety of employees and the safety of the public constitute critical concerns for everyone connected with the workforce. The failure of an employee to comply with such reasonable and necessary work Rules provides a legitimate basis for the Carrier to initiate appropriate discipline.

A careful review of the record indicates that the Claimant failed to comply with the referenced Rules by engaging in the referenced misconduct, which arose in connection with the improper operation of a Carrier vehicle. The Claimant, for whatever reason, acted improperly with respect to the operation of the vehicle and with respect to his actions after the accident had occurred.

The Carrier has a right to expect employees to act responsibly in operating such vehicles and to act honestly in the event that an accident occurs. The Claimant failed to meet his responsibilities and therefore the Carrier had a right to discipline the Claimant in an appropriate manner.

The violations of the Rules by the Claimant constituted serious breaches of the reasonable expectations that an employee, such as the Claimant, had an obligation to fulfill to the Carrier. No cognizable evidence exists that required the Carrier to mitigate the decision to terminate the Claimant. As a consequence, the Carrier had a right to terminate the Claimant under these precise circumstances.

01-3-98-3-539