Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7+25
SECOND DIVISION Docket No. 7352
2-EJ&E-CM-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No.
6,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Elgin, Joliet and Eastern Railway Company
Dispute: Claim of Employes:
1. That the Elgin, Joliet & Eastern Railway Company's action in
suspending Temporary Carman W. H. Lindsey for a period of thirty
(30)
days was unfair, unjust, excessive and in violation of
Agreement Rule
#35.
2. That, accordingly, the Elgin, Joliet & Eastern Railway Company
be ordered to compensate W. H. Lindsey for eight
(8)
hours pro
rata rate fox each of the thirty days he was suspended.
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.
Numerous prior awards of this Board set forth our function in discipline
cases. Our function in discipline cases is not to substitute our judgment
for the Carrier's, nor to decide the matter in accord with what we might
or might not have done had it been ours to determine, but to pass upon the
question whether, without weighing it, there is substantial evidence to
sustain a finding of guilty. If that question is decided in the affirmative,
the penalty imposed fox the violation is a matter which rests in the sound
discretion of the Carrier. We are not warranted in disturbing Carrier's
penalty unless we can say it clearly appears from the ,record that the
Carrier's action with respect thereto was discriminatory, unjust, unreasonable,
capricious or arbitrary, so as to constitute an abuse of that discretion.
Form 1
Page
2
Award No.
71+25
Docket No.
7352
2-EJ&E-CM-'77
The record before us indicates that Claimant threw his gloves at
another Temporary Cayman, and shortly thereafter struck his fellow Caiman
in the mouth, in the course of a heated argument. Although Claimant argues
that he was merely defending himself, the record clearly shows the other
Temporary Cayman never struck Claimant.
A railroad yard is a place for the movement of trains and the performance
of work. While it is not a tearoom, neither is it a place for barroom
conduct. Childish, uncontrolled, or irresponsible outbursts accompanied
by physical or verbal assault cannot be tolerated. Such behavior is not
excusable because the offender is in an agitated emotional state. Moreover,
verbal abuse is rarely considered justifiable provocation for a physical
response.
Therefore, the degree of discipline assessed is fully justified in view
of the severity of the offense. Consequently, we must 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
v
rie Brasch - Administrative Assistant
Dated at rhicago, Illinois, this
9th
day of December,
1977.