Form 1 NATIOiyAL RAILROAD ADJUST11ENT BOARD Award No. 8121
SECOND DIVISION Docket No.
7706
2-IC G-FO-'
79
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No.
99,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Fmployes:
1. That Laborer E. S. Stitts was unjustly disciplined fox ninety
working days from
7:00
a.m. March 22,
1977
and ending July 26,
1977
at 7 : 00 a.m.
2. That accordingly the Illinois Central. Gulf Railroad be ordered to
connensate Laborer 1;. S. Stitts for all time lost, and that all
benefits be allowed during that period.
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 ez'rplo-re within the meanin17 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.
This case involves the di seipli nar;T suspension of Clsizrant following
hearing and investigation in which he v-r°.s -found 7,ailty of "en:~;a
gina
i n
fisticuffs in the cab of loca_;:otive G4-22 on T-7ednesday, March 2, 1977 at or
about 12:
45
p u at johnston Roundhouse, i.lemohi s, Tennessee". The record
establishes persuasively that C1winwnt pinched C. R. Fer~ason --.n the mouth
while the tS.ro of then were alone in the cab of a locomotive wt Johnston
Roundhouse. That incident
iv.as
an escalation, by Claimant, of a verbal
exchange lie and F er 7ason had had a coal a of days before. Carrier has proven
Clainant
clzilty
as char ed and the penalty is not excessive in the
circumstance.
A W A R D
Claim denied.
Form 1
Page 2
Award No. 8121
Docket No. 7706
2 -IC G-FO-'
79
NATIONAL RAILROAD ADJUSTi%ENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY / ,_-~..,.'-,,."~'f~-~r
...~.~..--,~' .;..-
~toSp~r:arie Brasch - Adr;iinis-rrative Assistant
Dated at( Chicago, Illinois, this 27th day of September,
1979.