Case No. 108

Docket No. NEC-BMWE-SD-2396D


PARTIES: Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: National Railroad Passenger Corporation (Amtrak)

 DISPUTE: Claim of the Organization that:

2) The Claimant shall be reinstated to service with seniority
 and all other rights and benefits unimpaired, his record
 cleared of the charges leveled against him and he shall be
 compensated for all wage loss suffered.
 FINDINGS:
 Claimant C.W. Lego was employed as a B & B Assistant Foreman by
 Carrier. By Notice of Trial dated January 10, 1989, Claimant was
 directed to attend an investigation concerning the following charges:

 "In that on January 6, 1989, at approximately 1:30 a.m.
 in the vicinity of 3502 Oak Court, Randallstown, MD, you
 were observed absent from your assigned duties at B & P
 Tunnel with an Amtrak vehicle. Further, you engaged in
 verbal threats, harassment, and used profane and vulgar
 language to Foreman Tom Emge at his personal residence.
 This incident was also observed by other members of Mr.
 Emge's community who were disturbed by the loud and
 boisterous conduct causing Amtrak to be subject to a loss
 of good will."
 The trial was held on March 2, 1989, and as a result Claimant was
 found guilty and assessed the discipline of dismissal in all
 capacities. The Organization thereafter filed a claim on Claimant's
 behalf, challenging his dismissal.
 This Board has thoroughly 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 Rules
 of conduct 0, F(1), F(2) and F(3). The record is clear that the Claimant violated those rules when he left his assigned work duties in a company truck, without authorization, and subsequently used threatening and profane language to his foreman at the foreman's residence. Although the Claimant stated that he was under the influence of alcohol in an effort to justify his action, this Board does not find that as an excuse for his behavior.
 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 the carrier's action to have been unreasonable, arbitrary, or capricious.
 Despite the fact that the Claimant had twelve years of seniority with the Carrier, his wrongdoing in this case was so serious that the Carrier's action in terminating his employment cannot be found to be unreasonable, arbitrary or capricious. Therefore, the claim must be denied. Award:





Date:-