Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9479
SECOND DIVISION Docket No. 9622
2-C&Nw-FO-'83
The Second Division consisted of the regular members and in
addition Referee Barbara W. Doering when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute: ~ Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. That in violation of the current Agreement, Laborer Elijah Goodwin,
Chicago, Illinois, was unfairly dismissed from service of the Chicago
and North Western Transportation Company, effective August
5,
1981.
2. That accordingly, the Carrier be ordered to make Mr. Goodwin whole by
restoring him to service with seniority rights, vacation rights, and
all other benefits that are a condition of employment, unimpaired,
with compensation for all lost time plus
6°%o
annual interest; with
reimbursement of all losses sustained account loss of coverage under
Health and Welfare and Life Insurance Agreements during the time held out
of service; and the mark removed from his record.
Findings
The Second Divisipn 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.
Based upon the written complaints of two nurses with regard to Claimant's
abusive and demeaning conduct towards them during a routine physical on July 24,
1981, a hearing was called and conducted on the charge of "conduct unbecoming an
employe and using vulgar, profane and indecent language at approximately 11:45 a.m.,
July 24,
1981
in the office of the Carrier's Medical Director."
The Organization alleges that Claimant was denied due process in this
investigatory hearing because his representative was not permitted to demand a
general recital of the events from the two nurses. The Board finds, however,
that due process was not abridged where it was made clear to Claimant's
representative that he could ask specific questions about any of the points
contained in the written statements which the nurses attested to.
F orm 1
Page 2
Award No. 9479
Docket No.
9622
2-C&NW-FO-'83
While the Organization is correct that Claimant's language was not shown to
be profane, it was vulgar and indecent in the context of his actions. The Board
agrees with the Carrier that vulgar and demeaning language and conduct towards
employes cannot be condoned. There was no allegation that the nurses in any way
provoked Claimant's conduct, nor does his short
(9
months) service provide any
reason for mitigation. The Board therefore concludes that the seriousness of the
infraction and lack of mitigating circumstances justify denial of the claim.
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
BY ~
os arie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 4th day of May, 1983.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division