PUBLIC
=4 MAKD N0. 1844
AWARD NCo.
44
CASE NO.
58
Brotherhood of Maintenance of War Baployees
and
Chicago and lbrth Western Transportation Company
STATD41M CAF CLAIHI:
"ciaim of the System Committee of the Brotherhood that:
"(1) The thirty (3d)
day
suspension of Track Foreman Manuel C.
Medina was W,,hout Just and sufficient cause and wholly dis-
cproportionate to the alleged offense. (Cartier File D-11 17-237)
·· (2) Track Foreman Medina be compensated for all
time lost and
the
. discipline be stricken from
his record."
OP11TION OF BOARD:
On the night of August 3C, 1977, Claimant., a Section Ybreman, was
performing
security guard
duty on Carrier's
track equipment near Grand Avenue
and Des Plaines Street, in Chicago. The area to which he was assigned with
another employee to assist him: is notoriously dangerous, with a history of van
dalism. Claimant had bmn issued a Company radio to call for
assistance if
trouble occurred. At approximately 9 =25
p.m. Claimant was sitting in
his personal
automobile watching the equipment when he saw two individuals described by him
as "winos" near
the equipment. He shouted for them to leave but they did not.
Claimant thereon loaded a
9-millimeter automatic pistol he
had
with.'.hfm, and
loosed.a volley of ten to
twelve shots to
"scare" the trespassers away. Mr.
Medina then returned to his automobile and was listening to the baseball game,
with the pistol on the seat beside hits, when
he was
arrested
bar
Chicago pol-icfmen
x
who had responded tea the report of shooting in the area. Claimant and his
fellow guard were arrested and booked, but subsequently bailed out by their
boss, Roa ter Larson. The police investigation revealed that the gun Claimant
had
teed was not registered and he did not have a license for 3t.
After his release on bond by the Chicago police, Claimant was inter
viewed by Carrier police and, on August 31, 19?7, he received a 2;otice from
the A.D.H.E.
to attend an investigation into the
following charges
"Your responsibility in connection for violation of Rule No. 19
of the General Regulations and Safety Rules ors August 31, 1977,
12:40 A.M., at Des Plaines and Grand Avenues, Chicago,
Illinois."
Rule No. 19
referred to in the above
Notice reads as follows:
..
"Eaployes are prohibited from having loaded or unloaded firearms
in their possession while
on duty, except those employes authorized
to do so in the performance of their duties or those given special
pension by the superintendent."
Following the investigation, Claimant was assessed
thirty days' suspension with
out pay.
The record
evidence is not refuted and establishes beyond cavil that
Claimant violated the rule against possession of firearms while on duty. More
than mere
possession, he fired the .gun on Company property
while on duty.
ale
do not doubt his
diligence in protecting Carrier
property, nor do we discount his
regard for his own safty in that dangerous area. But neither of those very legi
timate concerns can justify recourse
to his personal. arsenal. He was not under
attack nor
was he directly threatened' yet he resorted to potentially
dead
force. Such frontier tactics could have had disastrous consequences both for
himself and for his employer. Claimant testified
that he
was aware of the Rule,
he chose to violate its and his culpability is clear. His actions cannot be
condoned or encouraged and we cannot find that
the suspension
imposed was arbi
trary or
unreasonable in the circumstances.
-z-
Public La·,4 Poard No. 184t,, upon the whole record and all of the
evidence, finds and holds as follows %
1. That the Carrier and Enployee involved in this dispute are, res
pectively, Carrier
and Eployee within the meaning of the swag Labor Act;
2. that the Board has jurisdiction over the dispute involved herein;
and
H. G. Haxper_~Employee Member
Dated:
'hj 2
3. that the Agreement was
not violated.
ADD
Claim denied.
Dana E. Eisehen. Chairman
E.. W. Schmiegey Carrier Member
