Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8300
SECOND DIVISION Docket No, 81+1.
2-IC G-CM-' 80
The Second Division consisted of the regular members and in
addition Referee George S. Raukis when award was rendered,
( System Federation No.
99,
Railway Employes'
Department, A. F, of L. C. I. 0.
Parties to Dispute: ~ (Carmen)
(
( Illinois Central Gulf Railroad Company
Dispute: Claim of Employes:
1. That, under the current Agreement, Carman C. R. McKissick was unjustly
dismissed from the service of the Carrier September
30, 1977
and
thereby deprived of his seniority as Carman and his right to work in a
safe place to make a living.
2, That, accordingly, the Carrier be ordered to reinstate the aforementioned
to service with all seniority rights, vacation rights, holidays, pass
privileges, hospitalization unimpaired and to compensate Mr. McKissick
additionally for all time lost subsequent to September
30, 1977, plus
six percent
(6%)
annual interest.
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 Jane 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.
Claimant was dismissed from service, effective September
30, 1977,
following;
an investigation held on September
21, 1977
to determine the extent of his
alleged responsibility for fighting on company property at Laurel, Mississippi
on September
16, 1977.
This disposition was appealed and Claimant was subsequently offered an
opportunity to return to service without back pay, but refused it and decided
to progress the dismissal penalty to this Division. Upon a careful review of
the investigative transcript, particularly the precise causative factors underlying the incident, we find sufficient evidence of record to conclude that
Claimant's impermissible and thoughtless racial remark "nigger" in the immediate
presence of a black employee substantially contributed to their physical
altercation later that day. The record shaves that his overall course of conduct
was plainly provacative and eventually precipitated the needless dispute. This
finding, by no means, exculpates Cayman Apprentice Jones, the co belligerant in
this matter, but the fighting would probably not have occwced, but for the initial
racial slur.
Form 1 Award No.8300
Page 2 Docket No. 81+1
2-ICG-CM-180
The efficient administration of a railroad demands as a basic
precondition,
the undivided attention and efforts of its employees if it is to meet its many
14000,
public service goals. These imperative requirements will not be met if
contentious and physically prone employees are permitted to disrupt operations.
A palpab7,y insulting racial epithet is not an insignificant matter, if it
inevitably results in combative behavior.
We believe that Claimant's dismissal to date was sufficient punishment for
his inexcusable deportment, although this is plainly a serious offense, and thus
we will restore him to service without back pay. We hasten to add, however,
that we will not look kindly upon arty kind of recidivist behavior and anticipate
that he will conduct himself in an appropriate and upright manner.
AWARD
Claim sustained to the extent expressed herein.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National,. Railroad Adjustment Board
By ·
emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 2nd day of April,
1980.