Form 1 NATIONAL. RAIUROAD ADJUSTMENT BOARD Award No. 9578
SECOND DIVISION Docket No. 9800
2-NRPc-FO-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( Internatianl Brotherhood of Firemen and Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, LaborerCharles S. Brown
was unjustly dismissed from service of the Carrier following investigation held on August
26, 1980.
2. That, accordingly, the Carrier be ordered to make the afore-mentioned
Charles S. Brown whole by restoring him to Carrier's service, with
seniority rights unimpaired, made whole for all vacation rights,
holidays, sick leave benefits, and all other benefits that are a
condition of employment unimpaired, and compensated for all lost time
plus tan (10%) percent interest annually on all lost wages, also
reimbursement for all losses sustained account of coverage under health
and welfare and life insurance agreements during the time he has been
held out of service.
Findings
0
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.
The Claimant, Charles S. Brown, a laborer, was dismissed from service for
engaging in a physical and verbal altercation with another employe on August 11,
1980.
The Organization asserts the dismissal was unjust, and the investigation
was conducted in a biased manner. The Board has carefully reviewed the transcript
and concludes the Claimant and his representative were afforded the opportunity
to present evidence and cross examine witnesses. We find the hearing was conducted in a fair and impartial manner.
Despite some conflict in the testimony, the record establishes a dispute
did arise between the Claimant and Employe Roxanne Meades and physical contact
was made. There can be no doubt the Carrier had cause to discipline the
Claimant. This Board, having considered the singular circumstances of the
Form 1
Page 2
Award No. 9578
Docket No.
9800
2-NRPC-FO-'
83
incident of August 11,
1980,
believes the Claimant should be given one last and
final chance. We, therefore, have determined the period since his dismissal shall
be considered a salutory suspension. In so finding, this Board strongly reminds
the Claimant that altercations and disputes with other employes cannot be tolerated.
His restoration to service is predicated upon the understanding that any
repetition of such conduct could bring about a permanent dismissal.
A W A R D
This claim is sustained in part. Claimant is to be reinstated without back
pay with seniority rights unimpaired.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
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o~marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 20th day of July, 1983.
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