Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37391
Docket No. SG-38110
05-3-03-3-554
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Canadian National Railway (Grand Trunk Division)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Canadian National (formerly Grand
Trunk Western):
Claim on behalf of E. Edgerson, for immediate reinstatement to
service with reimbursement for all lost time, including overtime,
with his seniority restored and unimpaired, account Carrier violated
the current Signalmen's Agreement, particularly Rule 42, when it
failed to provide the Claimant with a fair and impartial investigation
evident when Carrier issued the harsh and excessive discipline of
dismissal against the Claimant without proving its charges in
connection with an investigation held January 8, 2003. Carrier's
File No. 8390-1-145. General Chairman's File No. 03-07-GTW.
BRS File Case No. 12719-GTW."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act,
as approved June 21, 1934.
Form I Award No. 37391
Page 2 Docket No. SG-38110
05-3-03-3-554
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Eric Edgerson was hired by the railroad in the Signal Department on April
20, 1998. At the time of the incident giving rise to the claim, he held the position of
Signal Maintainer headquartered at Battle Creek, Michigan. The record indicates
that on June 22, 2002, the Claimant purposely collided with a friend's vehicle, and
then became belligerent with Battle Creek police. During his arrest, the Claimant
was found to have cocaine in his vehicle and was charged on June 23, 2002, with
malicious destruction of property and possession of a controlled substance. The
Carrier investigated and concluded that discipline was in order. On January 23,
2003, he was discharged for violation of US Operating Rules G and I. The record
establishes that the Claimant was dishonest and deceptive by providing false
information. The Carrier had cause to discharge the Claimant. See Public Law
Board No. 6345, Award 3 and Second Division Award 9331.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of February 2005.