SPECIAL BOARD OF ADJUSTMFN'1' N0.
313
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CIAIM
:
"Claim of the System Committee of the Brotherhood that:
"(l) The dismissal of Sectionman Christopher C. Lang on Sunday,
July
13, 1953,
was without just and sufficient cause, was
discriminatory, arbitrary, capricious, in abuse of the
Carrier's discretion and based upon unproven and unsupported
charges.
"(2) Sectionman Christopher C. Lang now be reinstated with
seniority, vacation and all other rights unimpaired and be
reimbursed for the assigned working hours actually lost in
conformance with the provisions of Rule 40(d)."
FINDINGS
:
Special Board of Adjustment No.
313,
after giving the parties to this dispute
due notice of hearing thereon and upon the whole record and all the evidence, finds
and holds:
The carrier and employes involved in this dispute are respectively carrier and
employes within the meaning of the Railway Iabor Act, as approved June 21,
1934.
This Board has jurisdiction over the dispute involved herein.
Claimant made a violent physical attack upon his foreman, in a public place,
while both were off duty. The altercation grew out of a dispute involving their
supervisor-employe relationship. Claimant was discharged, given a hearing as
provided by the agreement and the discharge was sustained.
The Organization attempts here to try the foreman and to show that he was a
disagreeable and unstable person. He may have been, but this does not clear the
claimant of guilt nor mitigate his fault to the extent of justifying our reversing
the hearing officer.
To void the hearing, the Organization must demonstrate that it was not full
and fair and come forth with clear and competent evidence to prove that any illegal
irregularity in procedure materially prejudiced the substantial rights of the claimant. We find no irregularities, no malice, arbitrariness, capriciousness, unreasonableness or gross mistake or discrimination on the part of the hearing officer.
- 2 - Airard No. 20 (SBA No.
313)
The findings of the hearing officer were supported by competent evidence.
The measure of discipline was consistent with the gravity of the offense.
The claim should be denied.
AWARD:
The claim is denied.
SPECIAL BOARD OF ADJUSTMENT N0.
313
(s) Marion Beatty
Marion Beatty, Chairman
s) A. J. Cunningham
A. J. Cunningham, Organization Member
(s) A. D. Hanson
A. D.Hanson, Carrier Member
Omaha, Nebraska
November 21,
1960