PUBLIC LAW BOARD N0. 1838
- File
No.
MW-FG-77-7
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement The. Brotherhood requests that Laborer 11. J. Venturino be
of restored to service of Norfolkand Western Railway Company,
Claim with vacation, seniority, and all other rights unimpaired
and that he be paid in full for all time lost as a result of
being dismissed.
Findings The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within
the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated March 1, 1976,
that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant was dismissed from service effective August 9 ,1977
as a result of alleged insubordination in refusing to perform
the duties assigned him by his foreman and using profane
', language towards his foreman, on August 8, 1977.
The Board finds that Claimant was properly handled pursuant
to
Rule
33 - "Discipline and Grievances, that there was
sufficient evidence adduced at the formal investigation held
on August 16, 1977 to support the conclusion reached by
Carrier as to Claimant's culpability concerning the charges
placed against him, and that the discipline was not unreasonable.
Here, Carrier, as the trier of the facts determined the
credibility of the witnesses and resolved the conflicting
_ Award No. 20
-'~83$
Page 2
testimony. We find that the record is such that it does
support the conclusion reached by Carrier. Carrier was not
arbitrary nor capricious in the exercise of its discretionary
right. In view of the seriousness of the offense the discipline
assessed is held to be neither harsh nor unreasonable.
This claim will be denied.
Award Claim denied.
rnett, E' mp oyee Member ~C. Edwards, Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, November 26, 1979.