Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6685
SECOND DIVISION Docket No. 6470
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 114, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Southern Pacific Transportation Company
Dispute: Claim of Em2Qloyes:
1. That under the current Agreement, Mechanical Department
Electrician Wesley L. Kessel was unjustly treated when he
was dismissed from service on December 28, 1971, following
investigation, for alleged violation of Rules 801, 810
of the General Rules and Regulations of the Southern
Pacific Transportation Company on November 26, 1971.
2. That accordingly, the Carrier be ordered to:
(a) Restore the aforesaid employee to service, with
all service and seniority rights unimpaired, compensate
him for all time lost and with payment of 6% interest
added thereto.
(b) Reinstate all vacation rights for the aforesaid
employee.
(c) Pay Southern Pacific Employees Hospital contributions,
including dependents' hospital, surgical, medical
and death benefit premiums for all time that the
aforesaid employee is held out of service.
Findings:
The Second Division of the Adjustment Boara, upon the whole
record and 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.
Form 1 Award No. 6685
Page 2 Docket No. 6470
2-SPT(PL)-EW-1 74
We find the record to support Carrier's conclusions that
Claimant when questioned by Carrier patrolmen refused to identify
himself, assumed an attitude of belligerent defiance towards the
officers and addressed them with obscene and insulting imprecations.
A s to the charge that Claimant later left work without
permission, Claimant testified that at about 8:00 a.m. while on
assignment he sought to find his superior to receive permission to
check his auto for ticket but could not find hint. He therefore
approached Leadman and addressed his request to him. Claimant
further states that Leadman "was talking to someone else, but he
shook his head and I took it as an affirmation that he understood
what I had said."
Claimant's own version of this incident reveals that he acted
on less than clear authority in absenting himself and he is culpable
in this respect.
Finally, Carrier is justified in concluding from the record,
that in the course of this absence from his work post, Claimant
approached a patrolman on duty for Carrier and announced to him
that "those two officers who wrote me a ticket better watch themselves because I am going to crush their f---ing skulls with a
baseball bat" and made other declarations of a destructive intent
on his part and of unnamed others, towards railroad and railroad
property.
The totality of Claimant's behavior was one of belligerent,
obscene and uncontrolled rage of a disruptive nature and full of
assaultive threat. Severe disciplinary response by Carrier is
justified.
The record indicates, however, that these actions were an
irrational and abnormal outburst by Claimant who had no record of
adverse behavior of this kind over a period of his more than eight
years employment here. Taking this into consideration and also the
indications that patrolmen who first approached Claimant nay have
failed to adequately explain their mission and unnecessarily
caused embarassment to Claimant in presence of latter's car pool
companions, we believe that a substantial suspension without pay,
covering the period of Claimant's disemployment will adequately
serve Carrier's needs and purposes for deterrent and reformative
consequences.
1 I J
Form 1 Award No. 66$5
Page 3
Docket No. 6470
2-SPT(PL)-EW-1 74
A WA R D
Claimant shall be restored to service within thirty (30)
days without restitution for period of his separation.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
:R~dsemiarie Brasch - Administrative
Assistant
Dated at Chicago,
Illinoisp this
26th day of April, 1974.