BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
PARTIES: Brotherhood of Maintenance of Way Employees
TO
DISPUTE: Soo Line Railroad Company
STATEMENT OF CLAIM: Claim of the organization that:
The dismissal of Claimant J. T. Walters (laborer)
on February 4, 1991, for violation of Safety Rule
562 and Safety General Rule A and General Code of
Operating Rule 603 and General Code of Operating
Rule General Rule A on January 31, 1991, was
unwarranted.
FINDINGS:
Claimant J. T. Walters was employed by the carrier as a
laborer at Ottumwa, Iowa.
On February 4, 1991, the Carrier notified the Claimant that
he was being dismissed from service effective that date for the
following charge:
On January 31, 1991, . . . you were observed with
weapons in your personal vehicle on Company
property .
. . . violation of Safety Rule 562 and Safety
General Rule A and General Code of Operating Rule
603 and General Code of Operating Rule General Rule
A.
On February 5, 1991, the organization, on behalf of the
Claimant, requested a hearing into the matter. Thereafter, the
carrier notified the organization on February 13, 1991, that the
hearing in regards to the charges against Claimant Walters would
commence on March 15, 1991.On March 22, 1991, the Carrier
ioLqo-s
notified the Claimant that his dismissal from service was
upheld and that the action taken by the Carrier was warranted and
proper. On March 27, 1991, the Claimant appealed his dismissal,
and this matter came before this Board.
This Board has reviewed the evidence and testimony in.this
case, and we find that there is sufficient evidence in the record
to support the finding that the Claimant was guilty of violating
Company Safety Rule 562 and General Code of Operating Rule 603 by
having weapons in his personal vehicle on Company property.
The record reveals that the Claimant admits having driven
his personal vehicle onto the Company property with a large
collection of guns and knives, including a loaded 9 mm automatic
pistol, brass knuckle knife with a blade approximately five
inches in length, a Wesson .357 magnum revolver, a Ruger .22
automatic pistol, and a number of cartridges and clips, as well
as two other knives.
Rule 603 prohibits employees from having firearms or other
deadly weapons, including knives, in their possession while on
duty or on Company property. The record reveals that the
Claimant was stopped with those weapons in his automobile shortly
after he left the Company property. Although he was not directly
observed on Company property with those weapons, the Company had
someone follow him to a point, where he was stopped and the
weapons were in the car. There was no possibility of those
weapons being put in the car prior to his being stopped.
Therefore, one can assume that the weapons were in the Claimant's
vehicle at the time he was on Company property. At the hearing,
2
7D ~-10-5
the Claimant admitted that the weapons were in his vehicle on
Company property during the day.
Once this Board has determined that there is sufficient
evidence in the record to support the guilty finding, we next ,
turn our attention to the type of discipline imposed. This Board
will not set aside a carrier's imposition of discipline unless we
find its action to have been unreasonable, arbitrary, or
capricious.
In the case at hand, the Claimant was dismissed for his
violation of the rules. Despite the fact that he has been an
employee for eleven years with the carrier, this Board cannot
find that the carrier's action in terminating his employment was
unreasonable, arbitrary, or capricious given the seriousness of
the rule violation of which the Claimant was found guilty. This
Board is not in the position to second-guess the Carrier, but
only to determine whether or not there was sufficient cause for
the discharge. This Board cannot find anything unreasonable,
arbitrary, or capricious about the Carrier's action in
terminating the Claimant. Therefore, the claim will be denied.
AWARD:
Claim denied.
PETER R1 ME RS
Neutral Mem r
Carrier Member Organization Member
Date:
3