Form 1 NATIONAL ;RAILROAD ADJUSTMENT BOARD Award No. 80T+2
SECOND DIVISION Docket No, 7868
2-MP-FO-'79
The Second Division consisted of the regular members and in
addition Referee Robert A, Franden when award was rendered.
System Federation No. 2, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1, That under the current applicable Agreement Laborer Edward Allen
Holmes eras unjustly dismissed from the service on May g, 1977.
2. That accordingly, the Missouri Pacific Railroad Company compensate
Laborer, Edward La Holmes., at the pro rata rate of pay for each
work day beginning Mlay
9, 1977,
until he is reinstated to service
and in addition rece:_ve all benefits accruing to arty other employee
in active services including vacation rights and seniority
unimpaired. Claim is also made for Laborer, Ed=fr~drd A. Holmes,
for his actual loss of payment of insurance on his dependents and
hospital benefits fo:- himself, and that he be made whole for
pension benefits including Railroad Retirement and Unemployment
Insurance, and in addition to the money claimed herein, the Carrier
shall pay Mr. Holmes an additional sum of
6%
per anntun compounded
annually on the anniversary date of said claim.
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.
Claimant was dismissed from the service of the Carrier for acting in a
discourteous, belligerent and threatening manner and using profane, obscene .
and vulgar language directed at General Car Foreman Bane and Foreman T. R.
Hunt.
We have reviewed the transcript of the case and find that there is
sufficient evidence to support; the finding by the Carrier that Claimant was
guilty of the offense charged_ The facts surrounding the incident which
gave rise to the charge tend to mitigate, however, against assessing the
ultimate penalty of dismissal_ A suspension from service for a period of
time would have been the appropriate discipline. We will restore the Claimant
to service without compensation for time lost.
Form 1 Award No.
8042
Page
2
Docket No,
7868
2-MP-FO-'79
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJ(JSTP= BOARD
By Order of Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
B~ 1
_= ~Rosemarie Branch - Adwi.nis native Assistant
Dated ~ Chicago, Illinois, this 15th day of August,
1979.