Award No. 55
Case No. 111
Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Seaboard System Railroad (former L&^i Railroad)
STATEMENT Claim that-W.-R. Nuckabaa shall be reinstated-with
CLAIM: seniority and all'other rights unimpaired and com
pensation for all wage loss suffered.
FINDINGS: Claimant, a welder with over nin.e years service,
was found guilty on November 9, 1983, in the United
States District Court for the Middle District of
Alabama, Northern-.Division, of·possession of:-fire
arm which had not been registered to him.
Claimant's guilt of illegal possession of firearm,
a felony, provides a valid basis for substantial discipline by his
employer. It.demonstrates a lack of responsibility, poor judgment
and 'a disregard for the law. In that setting, it was appropriate
for.Carrier to consider, in determining the measure of discipline,
the fact that he had previously received lengthy suspensions for
insubordination (in 1979), theft of an air conditioner (1981), ab
sence from duty (April 1983) and making false statements (July 1983).
The record discloses no reversible procedural error.
2
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He did not elect to attend the hearing that was conducted by Carrier
in this matter, but was timely advised of the charges against him
as well as the time, date and place of that proceeding. No valid
ground is perceived for setting aside his dismissal.
AWARD: Claim denied.
.- Adopted at Jacksonville, Florida, January .1 g, 1985.
Harold M. Weston, Chairman
mp.loyee 4embeif