Form 1 NATIONAL RAILROAD ADJUSTT~' BOARD Award No. 6928
SECOND DIVISION Docket No.
6735
The Second Division consisted of the regular members and in
addition Referee Nicholas H. Zumas when award was rendered.
· ( System Federation No.
114
Railway Employes'
( Department A.F.L. - C.I.O. -- Carmen
Parties to Dispute:
( Southern Pacific Transportation Company
( (Pacific Lines)
Dispute: Claim of Employes:
1. That under the currant agreement, Car Inspector N. E. Toews,
hereinafter referred to as the Claimant, was unjustly deprived
of his service rights and compensation when he was improperly
discharged from service under date of July
23 1973
after
twenty four (24) years service with the Carrier. °
2. That the Carrier be ordered to:
(a) Restore the aforementioned Claimant to service with all
service and seniority rights uni?rm.ared, and be compensated
.for all time lost retroactive to July
23, 1973
when he was
removed from service, plus
6%
annual interest.
(b) Grant to the Claimant all Vacation rights.
(c) Assume and pay all premiums for hospital, surgical and
. medical benefits, for Claimant and dependants. Including
° all costs for life insurance.
(d) Pay into the Railroad Retirement Fund the maximum amount
that is required to be paid for an active employe for
all time he is held out of service.
Findings: - _
The Second Division of the Adjustment Board, 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
disprate involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form 1 Award No. 6928
l--., Page 2 Docket No.
6735
2-SP(PZ)-CM-.'75
Claimant was charged with violation of certain portions of Rule
801 when he threatened his foreman with bodily harm at approximately 2:30
a.m. on June 4, 1973. After investigation and hearing, Carrier found
Claimant culpable and dismissed him from service. Claimant had been
employed for 24 years at the time of his dismissal.
The testimony of the foreman and another employe support the charge
that Claimant threatened to strike the foreman with his fists after the
foreman ordered Claimant to inspect a train after Claimant sat down to
eat his lunch.
The Organization contends that the dismissal was harsh and unusual
under the circumstances. Claimant, the Organization asserts, suffered
from a disease called Hypoglycemia, and was required to eat every two
hours and not later than every three hours; and this fact was known to
the foreman. While the record shows that Claimant had Hypoglycemia in
December of
1966,
there is no evidence in the record that he was suffering
from it on the day in question. In fact, the Organization exhibits
reveal that as early as six weeks after the incident, Claimant's Hypoglycemia was an "incidental factor and really not significant."
The record further indicates that in June 1971 Claimant was dismissed.
from service because of his indifference to duty, and was reinstated
f'"1,
.five months later on a leniency basis.
On the state of the total record, the Board finds that Carrier's
- action was not arbitrary and capricious and we deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
- By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Ass' Cant
Dated at Chicago, Illinois, this 2nd day of September, 1975.