Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9762
 SECOND DIVISION Docket No. 8898
 2-L&N-CM- ' 84
 The Second Division consisted of the regular members and in
 addition Referee Herbert L. Marx, Jr. when award was rendered.
 ( Brotherhood Railway Carmen of the United States and Canada
 Parties to Dispute:
 ( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:





























Form 1 Award No. 9762
 Page 2 Docket No. 8898
 2-L&N-CM-'84
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 is this dispute are respectively carrier and employes 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.


The Claimant was assigned to a wrecking crew commencing 6:00 p.m.,_August 28, 1978. After completion of wrecking duties on August 30, the crew, including the Claimant, was relieved for rest at 3:00 p.m. Thereafter, the facts of record show that the Claimant became engaged in an altercation with a tavern owner. On the following day, the tavern owner came to the wrecker site and made, according to the Carrier, "threatening remarks in the presence of L&N emplyees".

 Carrier supervision at the site determined at this point to relieve the Claimant of duty with the wrecking crew, returning him to his regular assignment. The Organization argues that the Claimant was improperly relieved of duty and claims pay for time not worked on August 31, as well as for overtime worked by the wrecker crew thereafter.
The Carrier states that the Claimant was relieved from the wrecker crew for his own safety as well as for the safety of other members of the wrecker crew. The Organization disputes the degree of danger in an alleged threat by the tavern owner and also points out that the activities of the Claimant on the evening of August 30 occurred after his relief from active duty for the Carrier.
Under the circumstances, the Board does not fault the precaution taken by the Carrier in returning the Claimant to his regular assignment. While the form of "rest" taken by an employe need not follow a specific pattern, such period does not give sanction to the type of activity in which the Claimant became involved. It is sufficient that the Carrier perceived endangerment of the Claimant and the crew as a result. The Board finds no basis to interfere with the Carrier's judgment in this respect.
 Form 1 Award No. 9762
 Page 3 Docket No. 8898
 2-L&N-CM-'84
Further, as noted by the Carrier, the organization cited no rule violation in the progressing of the dispute on the property.


    Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Second Division


ATTEST'Nanc J. ever - Executive Secretary
Dated at Chicago, Illinois this 18th day of January 1984.