Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45105 Docket No. MS-45623
24-3-NRAB-00003-230303
The Third Division consisted of the regular members and in addition Referee Jeanne Charles when award was rendered.
(Mr. Frank Alexander PARTIES TO DISPUTE: (
(CSX Transportation, Inc.
“It is my desire to appeal the discipline assessed to me and to obtain a decision as quickly as possible. Therefore, I hereby elect to have said discipline submitted to Public Law Board No. 7429. I understand that a neutral member of Public Law Board No. 7529 will base his/her decision on the transcript of my hearing and my prior service record.
In accordance with the provisions of Rule 25 Section 3(a) of the CSXT/BMWE Agreement, dated June 1, 1999 the following will serve as my appeal of discipline assessed to myself (CSXT Employee F.E. Alexander ID #228919) and disagree with the unsuitable disciplined imposed and assessed, which was dismissal. I take strong exception and disagree with the discipline in this case due to the fact a hearing was held on June 27, 2018, I objected to being accused of being disrespectful, discourteous and sending threatening and intimidating text messages. CSX had not met their burden of proof.
On December 28, 2018, I was removed from service over a phone call, without Union Representation and no statement taken. This was a violation of Rule 2S(a), 2S(b) and CSXT Labor Agreement 6-075-88 and this discipline assessed in this case was unsuitable and very harsh. The rule contemplates that the accused shall have the opportunity to a hearing and the accused shall be given written confirmation, the accused was removed from service with no notice. The Carrier deprived myself of substantial and valuable rights of the Collective Agreement.
It is respectfully requested that the dismissal letter and all matter relative thereto be removed from my personal file, I be made whole for all losses
suffered, including vacation and retirement, as a result of the Carrier's action. I am asking to be exonerated of these charges and restored to service.”
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.
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 hired F. E. Alexander (ID 228919) (“Claimant”) on August 17, 2008. (Ex. D). Claimant has established and held seniority within the Carrier’s Maintenance of Way Department. The investigative hearing for this incident was held on June 27, 2018. (Ex. A, pg. 1). Following the investigative hearing, the Carrier determined claimant violated CSX Transportation Operating Rules CSX Transportation Operating Rules Rule104.2 and CSX Code of Ethics and, by letter dated July 13, 2018, and informed Claimant of his immediate dismissal.
In reaching its decision, the Board has considered all the testimony, documentary evidence and arguments of the parties, whether specifically addressed herein or not. The Board finds substantial evidence in the record to uphold the Carrier's position regarding the charges against Claimant. We find that there has been no abusive or arbitrary action which provides a basis to disturb the discipline imposed by the Carrier. Finally, there are no procedural errors that warrant disturbing the discipline. Accordingly, the relief sought by Claimant is denied. The termination shall remain on Claimant’s personal record.
Claim denied.
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 31st day of October 2023.