Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7080
SECOND DIVISION Docket No.
6861
2-CMStP&P-FO-'
7E·
The Second Division consisted of the regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No.
76,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
( Chicago, Milwaukee, St. Paul & Pacific Railroad Company
Dispute: Claim of Employes:
Mr. J. E. Phillips, Laborer, Milwaukee Dieselhouse, was unjustly
dismissed August
16, 1973,
following investigation in which the
Milwaukee Railroad failed to support the charges against him.
That, accordingly, the Milwaukee Railroad Company be ordered to
make J. E. Phillips whole by returning him to the employment of the
Milwaukee Railroad Company,, compensating him for all time lost, and .
giving credit for fringe benefits, including, but not limited to,
credit for vacation, sick benefits, railroad retirement benefits,
supplemental pension, as well as removing all entries from his personal
record referring to the improper and unjust discharge.
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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claimant was dismissed from service effective August
16, 1973
for
engaging in a physical altercation with a fellow employe.
The evidence adduced in the formal investigation conclusively proved
that the claimant was guilty. This Board has consistently held that such
action on the part of claimant constitutes ground for dismissal. See
Second Division Awards
1659, 2344, 636+, 6796
among many others. We will
deny the claim.
Form 1 Award No. 7080
Page 2 Docket No.
6861
2-CMStP&P-FO-'76
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD.
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
B
~ f ,-~"
y
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 9th day of July, 1976.