Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9829
SECOND DIVISION Docket No. 9830
2-MKT-MA-'84
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Missouri-Kansas-Texas Railroad Company
Dispute: Claim of Employes:
Claim in favor of Machinist H. R. Vaughns at the applicable pro rata
rate of
pay
for the days of his regular assignment commencing November 4,
1980 and extending through December 3, 1980, due to the Company improperly
removing him from service, contrary to Rule 26 of the controlling Agreement
effective January 1, 1957, as amended.
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 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.
Parties to said dispute waived right of appearance at hearing thereon.
Machinist H. R. Vaughns, the Claimant, with seniority as of June 24, 1971,
was issued a thirty (30) day suspension as a result of an incident which took place
on November 4, 1980, involving another 'employe. The Organization protests the
discipline and asserts the record establishes that, prior to November 4, ill
feeling existed between Claimant and Cayman Clark. The Organization contends
that Cayman Clark precipitated the table shoving incident by his actions in the
parking lot.
The Claimant was notified on the day of the incident that a formal investigation would be held for the purpose of determining his responsibility, if any, in
turning over a table in the safety assembly roundhouse office, which struck Cayman
Clark injuring his leg.
The record establishes an incident did take place the morning of November 4,
1980, involving Claimant and Cayman Clark. Both the Claimant and Clark testified
at the hearing. Clark describes the Claimant as the aggressor who kept pushing the
table while he, Clark, simply was the victim. Two witnesses describe the scene
differently and clearly state that Cayman Clark actively shoved the table back
towards Claimant.
Form 1 Award No. 9829
Page 2 Docket No. 9830
2-MKT-MA-'84
We uphold Carrier's finding that a quarrel took place on November 4. We,
however, find that both the Claimant and Cayman Clark actively participated in
shoving the table back and forth and that, by his racial slurs and participation
in the struggle, Cayman Clark was equally causative of his own injury.
The work place cannot be a battleground where personality conflicts are solved
by fighting or verbal abuse. This Board views the actual events of November 4 as
overstated, but, under long established precedent, will not interfere with the
Carrier's assessment of discipline.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
GGG~C v '
Nancy J. e;*r - Executive Secretary Vow
Dated at Chicago, Illinois, this 7th day of March, 1984.
Ifto