Form 1 NATIONAL RATIRC)AD AW?U:o1NET~'T BOARD Award No. 7756
SECOND DIVISION Docket No. 7654
2-C&OW-CM- '78

The Second Division consisted of the regular mexrbers and in addition Referee games F. Scearce when award was rendered.

( System Federation No. 76, Rail.way Elnployes'

Department, A. P. of L. - C. 1. 0.

Parties_to Disrnzte: ( (Carmen)

( Chicago and North Western Transportation Company

Dispute: Claim of Employes:

1.· 'I r_·_«^ t'i ~~er huiIr.owic was unjustly dismissed .t.

. Carman Painter ~~7.e~ __«erc~mis,~ prom

service on January 28, 1.9(7.

2. Ca.r!-na11 1~a.inter AlekNaadex Rusimovic was unjustly charged with assaulting Supervisor Daniel. Lore with profane verbal abuse, Rnd spitting > evexal times in his face.

3. That the Chicago arid Nortt Western Transportation Company be

ordered to restore Cwr:Ian Painter _?lelhs~n:ler Rusil;.ovic to service

with seniority and vacation rights ii:1iZp2:i, rE:J., C(:!11penS8.te him for

all time .LOST beginning ianuazy Q, 1977, and make him whole for

all Health and Welfare and insurance benefits, aud all other

benefits he would have earned.

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 employer involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved dune 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at rearing thereon.

Claimant was shoran to have refused several direct orders, was dis
respectful, cursed and spit upon his izmme Aia,te superv-j..;_,,or. I-) standing
claims 'i.0 the contrary, Sl7Ch acti.ons were corroborated by several competent
witnesses. The supeovisor eventually retaliated by striking the claimant,
twice by his accro2rrt. That such. aCt~.on,> by the supex~visox wove bteyc:nA :3.
reasonably accepted 1;C.1.;?iu.T1C;i: vas confirmed by h1,^-, being placed OI-a F1_..-y°.
days suspension; the C'1.al?1:21I'i'=S :~T_~Lj.W;.Y;.:Z~T L}7roiOiECveLal , a7';aV: _T.._
on the supervisor, and his refusal to desist upon reasonable orders to do
s0 has brought a di;'.;:,-ls sal.
Form 1 A~'a>^d No. 7756
Page 2 Docket No. 765+
2-C&NW-CM-' 78

No amount of rationalization can justify such repugnant actions by an employee to another. and, whore a supervisor is concerned, it undermines the necessary superior/suboJ.>dvzm.te xe1 at:ionship, necessary in the industrial setting.

The actions of the Carrier Were justifiable and well within reason.

A W A R D

Claim is denied.

NATIG_,?? L PAILIROAP hDJtJSTiTIM;T I'.Q~"d~D >

By Order of' S)ecoiid Division

Attest: Executive Secxetarj
National Rails°c-t,f! Adjustment Board

g.:..i,. · ;~C"'~-, .>"''^, sW" x: £~.'.~ 1. ~ " v p..w:

'~iOSE-a218,2"le SI~:..%.,`>C;1 - =it~`i1_.Lri~:i~.-~:~1'`TEi :.._,~V~,'t1L

Date at Chicano3 Illinois, this, 29th day 1oJovember, 1978.

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