Form 1 NATIONAL RAIIROP.D ADJUSTMENT BOARD Award No.
8481
SECOND DIVISION Docket No.
8322
2-WT-CM-'80
The Second Division consisted of the regular members and in
addition Referee M. D. Lyden when award was rendered.
( Brotherhood Railway Carmen of the United
( States and Canada
Parties to Dispute:
(
( Washington Terminal Company
Dispute: Claim of Employes:
1. That the Washington Terminal Company violated rule
29
of the controlling
agreement when Steven Princeler was unjustly suspended from the service
on March
24, 1978
then was subsequently dismissed by letter from master
Mechanic E. D. Laird on may
4, 1978.
2.
That accordingly the Washington Terminal Company be ordered to restore
Claimant to service with seniority and vacation rights unimpaired and
compensated for all time lost.
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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The evidence of the hearing reveals that an altercation took place; wherein
claimant and supervisor engaged in fighting which resulted in physical damage to
both parties. While the claimant introduced prior harassment on Farrier's part,
the fact remains that claimant, ltr. Princeler struck the supervisor without
sufficient provocation. It is imperative for the safety of all concerned that
rapport and order be maintained at all times by all parties. The claimant chose
not to use the grievance procedure to report the alleged prior harassment by
supervisor whereas he should have.
The methodology of the supervisor in directing and managing his subordinate
employees need be held
up
for investigation to determine responsibility and
provocation. His method of supervision of the claimant is questionable. However,
sufficient provocation did not exist to warrant the physical contact that took
place.
Form 1
Page 2
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 8481
Docket No. 8322
2-WT-CM-'80
NATIONAL RAILROAD ADJUSTMENT
BOARD
By
Order of Second Division
By.,~ .~'.~'~ _._...
o marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 29th day of October,
1980.