Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7595
SECOND DIVISION Docket No.
7553
2-SPr-FO-'78
The Second Division consisted of the regular members and
in addition Referee Rolf Valtin when award was rendered.
( System Federation No. 114, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current agreement Firemen and Oiler, Jose M.
Madrid, was unjustly suspended on August
27, 1976
and dismissed
from the service of the Carrier, on September
13, 1976.
2. That accordingly, the Carrier be ordered to:
(a) Compensate him for all time lost and with payment of
60
interest added thereof.
(b) Reinstate all vacation rights to the aforesaid employe.
(c) Pay employe's group medical insurance contributions,
including group medical disability, dependents' hospital,
surgical and medical and death benefits premiums for all the
time that the aforesaid employe was 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 dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claimant, a Laborer with about seven years of service with the
Carrier at the time of his discharge, iras discharged for his involvement
in a physical altercation with another employe. The other employe was
also discharged. The incident occurred on August
27, 1976.
Both men
were restored to service about four months later.
Form 1
Page 2
Award No.
7595
Docket No.
7553
2-SPr-FO-'78
We view the evidence as clear that a fight of rather vicious
proportions took place and that neither of the two combatants can
legitimately claim to have been a mere innocent victim. On this assessment
of the evidence, we can hardly declare the penalty which is now before us -
i.e., a disciplinary suspension of about four months' duration -- an
excessive penalty.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
s marie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 12th day of July,
1978.