Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 66~2
SECOND DIVISION Docket No. 64.51
2-DCI&IB-CM-` 74
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 121, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Dallas Car Interchange and Inspection Bureau
Dispute: Claim of Employes,
1. That under the Agreement, Carmen Charles Cottongame and Peter Kufner
were improperly dismissed from service April 11, 1972.
2. That accordingly, the Dallas Car Interchange and Inspection Bureau,
member Carriers - Atchison, Topeka & Santa Fe Railway Company, Chicago,
Rock Island & Pacific Railroad Company, Louisiana 8 Arkansas Railway
Company, St. Louis-San Francisco Railway Company and Missouri-KansasTexas Railroad Company, be ordered to compensate the aforenamed
employes for all time lost beginning April 11, 1972, until returned
to service and that they receive all benefits floe-ring to
do
empl o-e
in active service and that they be returned with their seniority
t-igiiL5
uiiiwpaireu..
Findings:
The Second Division of the Adjustment Board, upon the whole record ana all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this;
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
We find the record in material support of Carrier's conclusions that: on
March 20, 1972, Claimants, while on Carrier property, became embroiled in an
abusive verbal attack on each other which led quickly to a physical altercation
between them. Claimant Kufner's part in the initiation and acceleration
of this encounter was largely by way of provacative insult; Claimant Cottongame
initiated the actual physical involvement in reaction to these provacations.
Both are properly subject to severe condemnation for this highly irresponsible
behavior..
In determining the degree of disciplinary penalty to be applied, Carrier
may take into account the earlier record of the employe. In the case of Kufner
said record was significantly adverse in respects pertinent to the instant
charge.
Form 1
Page 2
Award No. 6632
Docket No. 6451.
2-DCI&IB-ChI-"74
We need not reach consideration of additional controversy of whether
Kufner falsified time report as charged (or used the misrepresentation thereon
as a proper means of making a time claim, as contended by Employes). On the
facts of record involving the altercation between these two employes, Carrier
was entitied, under all the circumstances, to invoke the dismissal penalty.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
RoseR~rie i3rasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of February, 1974.