BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO
DISPUTE: NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) -
NORTHEAST CORRIDOR
STATEMENT OF CLAIM: "Claim of System Committee of the Brotherhood
that:
1. The dismissal of Trackman T. Gregg for alleged violation
of Rule F, Part 2 was arbitrary, on the basis of
unproven charges and in violation of the Agreement
(System File NEC-BMWE-SD-2248D).
2. The Claimant shall be reinstated with seniority and all
other rights unimpaired, he shall have his record
cleared of the charge leveled against him and he shall
be compensated for all wage loss suffered.
FINDINGS:
Claimant T. Gregg was employed as a trackman by Carrier. On
June 27, 1988, Claimant was instructed to attend an investigation
in connection with the following charge:
"In that on Thursday, June 23, 1988, at approximately 12:30 p.m.,
you entered my office and gave Mrs. Hesse a hard time about
getting your paycheck. She tried to explain to you that you
could not get your check until 3:00 p.m. You then started
screaming and calling her names, disrupting her work."
The hearing was held on July 13, 1988, and as a result, Claimant
was dismissed from service. The Organization thereafter filed a claim
on Claimant's behalf, challenging his dismissal.
This Board has reviewed the procedural arguments raised by the
Organization and we find them to be without merit.
With respect to the substantive question, 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 the charge of threatening, harassing, and
intimidating a fellow employee.
q s6- o
Once this Board has determined that there is sufficient evidence
in the Record to suport 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.
The Claimant engaged in a very serious wrongdoing. His action,
coupled with the shortness of his seniority, leads this Board to find
that the Carrier did not act unreasonably, arbitrarily, or
capriciously, when it terminated his employment. Therefore, the
claim must be denied.
AWARD
Claim denied.
Carrier Member U Orga zation Member
Date: `6.
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