Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8870
SECOND DIVISION Docket No.
8503
2-SPT-BM-'82
The Second Division consisted of the regular members and in
addition Referee Francis X. Quinn when award was rendered,
( International Brotherhood of Boilermakers, Icon Ship
Parties to Dispute: Builders, Blacksmiths, Forgers and Helpers
Southern Pacific Transportation Company
Dispute: Claim of Employes:
That under the current controlling Agreement, Boilermaker N. G. Ferguson
was unjustly dealt with when the Southern Pacific Transportation Company
suspended him from service on September
13, 1978
pending formal hearing, and,
suspended him from service on October
19, 1978
for a total of forty-five (~>)
days. That accordingly, Southern Pacific Transportation Company make Boilermaker
N. G. Ferguson whole by compensating him for said forty-five
(45)
days.
F ind inga
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 employer involved in this dispuh=
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.
Mr. N. G. Ferguson (hereinafter referred to as the Claimant) entered Carrier's
service on July
3, 1970.
On September
13, 1978,
Claimant was working as a Boilermaker in the Erera-ng
Shop of Carrier's Sacramento, California, Heavy Maintenance Yard, hours of service
7:00 AM to 3:00 PM.
At approximately 10:00 AM, Claimant was involved in an altercation with another
employe, also a boilermaker, which resulted in their being careless of the safety of
themselves and others and being quarrelsome or otherwise vicious. T1e incident wags
witnessed by
aq
supervisor and an employe. After informing the officer in charge,
Claimant and other boilermakers involved were removed from service pending formal
hearing. At the request of the Organization, the hearing was postponed until
October 10,
1978,
on which date it was convened.
As a result of the evidence adduced at the formal hearing, it was established
that a degree of responsibility laid with the Claimant, and for his actions, Claimant
was suspended from service of the Southern Pacific Transportation Company for fortyfive
(45)
days commencing September
13, 1978.
Form 1 Award No.
880
Page 2 Docket No.
8503
2-SPT-BM-182
There is substantial evidence within the hearing record that Claimant was in
violation of that portion of Rule 801 of the General Rules and Regulations reading:
'!Employes will not be retained in the service who are careless of
the safety of themselves or others, insubordinate, dishonest,
immoral, quarrelsome or otherwise vicious, or who conduct
themselves in a
manner which
would subject the railroad to
criticism."
Discipline was mitigated in view of the Claimant being physically attacked and
acting in self-defense; however, Clbimant was not blameless in the dispute as it was
the Claimant's remarks that provoked the other boilermaker to action.
Based on the record before us we find the claim to be without merit.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
BY
emarie Brasch - Administrative Assistant
Dated It Chicago, Illinois, this 27th day of January,
1982,