Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8461
SECOND DIVISION Docket No. 8399
2-MRT-CM-'80
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood of Railway Carmen of the United
( States and Canada
Parties to Dispute:
(
( Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes:
1. That under the controlling agreement Carman Welder John W. Bowers was
unjustly removed from service by the Missouri-Kansas-Texas Railroad
Company, Denison, Texas, on November 28, 1978, and. following investigation
held on December 11, 1978, was dismissed from service on December 13,
19'78.
2. That accordingly, the Missouri-Kansas-Texas Railroad Company be ordered
to restore Carman Welder Bowers to service with pay for all time lost
and any other benefits he would have been entitled to beginning
November 28, 1978.
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.
Carman Welder John W. Bowers, claimant, was dismissed from carrier's service
on December 13, 1978, for intentionally thrusting a lighted burning torch at a
fellow employee who was verbally harrassing him. Carrier properly served charges
on claimant, citing a violation of circular No. DD-2, carried out a proper hearing
reviewed the results of that hearing, found claimant to be guilty as charged, and
dismissed him.
A review of the record of this case developed on the property and submitted to
this Board reveals that carrier has acted in accordance with the schedule agreement
and that its decision to dismiss claimant for his action is justified. While the
members of this board are mindful of the fact that confrontations between employees
do occur and this board has, on occasion, considered provocation as a mitigating
circumstances, we have consistently maintained that an action by one employee that
places his or another worker's safety in jeopardy is unexcusable and need not be
tolerated by carrier, nor by his fellow employees.
Form 1
Page 2
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8461
Docket No. 8399
2-Ma-CM-180
NATIONAL
RAILROAD ADJUSTMENT
BOARD
By Order of Second Division
Byte/ -..---i</
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of October, 1980.