SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. 109
Docket No. 116
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it dismissed Assistant
Track Foreman M.J. Rubeck as a result of an investigation held
on June 11, 1986, in that such action was unwarranted, unjust
and an abuse of the Carrier's discretion. [Organization File
6LF-2129D; Carrier File 81-86-132)
(2) The Claimant shall be allowed the remedy prescribed in Rule
19(d)."
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
on June 2, 1986, Claimant became involved in an altercation with
Chief Dispatcher G.H. Boeselager; the incident occurred off of Carrier
property. Claimant subsequently was directed to .attend a formal
investigation of the charge:
Your responsibility for entering into a verbal and physical
altercation with Chief Dispatcher, G.H. Boeselager at approximately
9:35 P.M. on June 2, 1986, near the Dawes County Courthouse in
Chadron, Nebraska.
The investigation was held as scheduled, and a copy of the transcript
has been made a part of the record. We find that the investigation
was conducted in a fair and impartial manner.
This Board has reviewed the evidence and testimony in this case,
and we find that there was sufficient evidence in the record to
support the finding that the Claimant was guilty of the offense with
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which he was charged. Although the incident took place after hours
and off company property, this Board finds that there is a sufficient
nexus between the incident and the workplace to support the Carrier's
imposition of discipline.
once this Board has determined that there was sufficient evidence
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 it to be unreasonable,
arbitrary, or capricious. In this case, we find that the type of
incident plus the background of the Claimant are such that the
Carrier's action in terminating the Claimant for the offense of which
he was found guilty cannot be viewed as unreasonable. Therefore, the
claim must be denied.
Award:
Claim denied.
Neutral Member
y . : W
r er Member Organization Member
Date:
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