Award No. .3$ Case No. 42

Public Law Board No. 3794

PARTIES Brotherhood of Maintenance of Way Employees
DISPUTE: and
CSX Transportation, Inc.
STATEMENT Trackman R. E.Williams' dismissal was without
OF
CLAIM: just cause and he shall be reinstated with
seniority and all other rights unimpaired and
compensation for wage loss.
FINDINGS: Claimant-was dismissed for failure to protect
his assignments being absent from duty July 3
through August 20, 1984, and for vicious and
uncivil conduct.
The record shows that claimant was in prison
during that period of absence and had pleaded
guilty to the charge of voluntary manslaughter
in the death of a man by shooting him with a
rifle on a Georgia road. Claimant was sentenced
to serve 20 years for the shooting offense, 5
years in prison and 15 on probation, and was
fined $2,500. He was confined to jail for 10
months and then released on probation

Claimant testified that he shot the man when he came to claimant's home with claimant's wife at about 3 a.m. Claimant was alone with his children at the time. He testified that he did not intend to aim to kill and called the police himself, thinking that the man was wounded.

There may have been some provocation in this

case and the Mitchell County, Georgia, court

appears to have taken~ 'l

circumstance into consideration.

No persuasive basis exists, however, for setting aside Carrier`s decision to terminate claimant's employment. Imprisonment in this setting is not a valid excuse for prolonged absence and Carrier's conclusion that it could not rely on claimant's judgment and balance is not capricious or without reasonable basis.

AWARD: Claim denied.

Adopted t 7Tacksonw' lle, Florida, I)-»AtLCL / 7 , 1987 .

HAROLD STON, Chairman

Carrier Member Employee Member.--~.~-

ED\~