Form 1 
NATIONAL 
RAILROAD ADJUSTMENT BOARD 
Award No. 10379
  
SECOND 
DIVISION Locket No. 
10539
   
2-SP-EW-185
 
The Second Division consisted of the 
regular members and in
 
addition Referee 
Jonathan Klein when award was rendered.
  
( International Brotherhood of Electrical Workers
Parties to Dispute:
 
( Southern Pacific Transportation Company (Western Lines)
Dispute: 
Claim of 
Employes:
1. That under 
the current 
Agreement, Mechanical Department Electrician Helper
P. J. 
Lathrop was 
unjustly treated when he 
was dismissed from 
service 
on
March 
15, 1982, following investigation for 
alleged violation 
of portions
of Rule 801 
and Rule 802 
of the General 
Rules 
and Regulations of 
the
Southern Pacific 
Transportation Company (Western Lines)
. 
Said alleged
violation occurring on February 26, 1982, at approximately 7:20 a. m.
2. That accordingly, 
the Southern Pacific 
Transportation Company (Western
 
Lines) be 
ordered to restore Electrician Helper P. J. Lathrop to 
service
 
with all rights 
unimpaired including 
service 
and seniority, loss 
of
 
wages, vacation, payment of hospital and 
medical insurance, 
group disability
 
insurance, railroad 
retirement contributions, 
and loss of wages, including
 
interest at 
the rate of six percent (6%) per annum.
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.
Following 
proper 
notice and investigation 
hearing on 
March 
4, 1982, Electrician
Helper P
. J. Lathrop was discharged from 
the 
Carrier's service. Claimant was found
guilty of the charge set forth in 
the notice 
of hearing, of 
which the pertinent
part states 
the following:
"...your 
alleged action 
of being quarrelsome, or otherwise
vicious, in conducting yourself in a manner 
which 
would subject
the 
Railroad to 
criticism, and for your alleged act of
hostility, misconduct, affecting the interests of the
Company, 
which is 
sufficient cause for dismissal, on
February 26, 
1982, at approximately 7:20 a.m., when you
allegedly 
threatened bodily 
harm to Supervisor W. J. Costa
and for your 
alleged unauthorized action 
of accosting Supervisor W. J. Costa, for which 
occurrence you 
are hereby
charged with 
responsibility which may involve violation
of 
those portions 
of Rules 801 and 802 of the General Rules
and Regulations 
...."
Form 1  Award No. 10379
Page 2 Locket No. 10539
  
2-SP-EW-185
The evidence consists of testimony by Claimant's Supervisor that he had
approached Claimant and another employee, and asked both of them to change their
jogging type tennis shoes for proper work boots. He also informed them that they
must go home for the boots if they were not with the employees on the property.
The Supervisor testified he approached the same employees 15 minutes later, and
again warned them they could not work with the shoes they were wearing. According
to the Supervisor, the Claimant followed him a short distance, at which point
Claimant grabbed his hair. The Claimant then threatened the Supervisor that if
disciplinary action were taken, Claimant would come to the Supervisor's house and
make him "pay for it". The Claimant proceeded to jerk the Supervisor's head by
pulling on his hair and again threatened to "get" him. The General Foreman did
testify that he was informed of the details of the incident by the assaulted
Supervisor shortly after the occurrence. Claimant flatly denies the charges, and
asserts that _if something had occurred between himself and the Supervisor, that
approximately 29 employees in the vicinity at the time would have seen the incident
and testified to that fact.
The only way that this Board could sustain the instant claim would be to make
a credibility determination by rejecting the Hearing Officer's acceptance of the
Supervisor's version and accepting that of the Claimant. As we stated in Second
Division Award 10376, the question of the credibility of witnesses and the weight
to be given their testimony is primarily one for determination by the Hearing
Officer, but this general rule should not be mechanically applied. The issue of
the credibility of a witness' testimony is not subject to reevaluation by this
Board in the instant case. While it is a fundamental principle that the Carrier
has the burden of proof in discipline cases, the Hearing officer should consider
the charged party's interest in the facts and outcome of the case, in particular
where the two witnesses to the incident directly contradict each other, and the
veracity of neither was impeached.
Claimant's reliance on the fact that although a large number of employees were
in the vicinity of the altercation, but none testified, adds nothing to the credibility
and weight of his testimony. There was no testimony on Claimant's behalf by any
witness that was so placed that if the event in question had occurred, he would
probably have noticed it so as to controvert the testimony by the Carrier's witness.
Further, this Board upon review of the entire record cannot say that Claimant's
testimony was not weighed as carefully as any other witness that appeared at the
investigation.
The Carrier established by substantial, credible evidence the serious charges
against Claimant. The Board finds that under the facts and circumstances of this
case, the penalty was neither arbitrary, unreasonable nor capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
 
By Order of Second Division
4~ -
Attest:
Nancy J, er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1985.