Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10814
SECOND DIVISION Docket No. 10875
2-SP-EW-'86
The Second Division consisted of the regular members and in
addition Referee Raymond E. McAlpin when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Southern Pacific Transportation Company (Western Lines)
Dispute: Claim of Employes:
1. Under the current Agreement, Mechanical Department Electrician A.
C. Vassallo was unjustly disciplined when he was suspended from service for a
period of thirty (30) days commencing April 22, 1983 through May 31, 1983,
following investigation of the 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
April 22, 1983.
2. Accordingly, the Southern Pacific Transportation Company (Western
Lines) be ordered to compensate Electrician A. C. Vassallo for all time lost
during the thirty (30) day suspension with interest at the rate of ten percent
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.
The Claimant, A. C. Vassallo, a Lead Electrician with the Carrier and
in service since May 23, 1974, was given a 30-day actual suspension as a
result of an Investigation held on May 5, 1983. The Claimant was charged with
violations of Rules 801 and 802 on April 22, 1983. Rule 801 states "Employees
will not be retained in the service who are quarrelsome or otherwise vicious
or who conduct themselves in a manner which would subject the railroad to
criticism. Any act of hostility, misconduct . . . affecting the interest of
the company is sufficient cause for dismissal." Rule 802 states "Courteous
deportment is required of all employees in their dealings with the public,
their subordinates, and each other. Boisterous, profane, or vulgar language
is forbidden."
Form 1 Award No. 10814
Page 2 Docket No. 10875
2-SP-EW-'86
"Employees must not enter into altercations . . . while on duty."
The Claimant was charged with striking a co-worker, Ms. Sandra Parks. The
Carrier, as a result of the Investigation, found that there was no evidence
the Claimant actually struck Ms. Parks but felt there was evidence of two
altercations which occurred on April 22, and, as a result, the Claimant was
suspended for 30 days.
The Organization argued Rules 38 and 39 were violated as the Carrier
had no proof that an altercation occurred between the Claimant and Ms. Parks.
The incident was not that serious, and, in any event, it was Parks who
initiated the obscenities. The Claimant and other employees were very upset
due to an accident which involved a co-worker.
The Carrier noted each of the participants received a 30-day
suspension. The suspension was not for any .physical contact, which was not
proven at the Investigation. If physical contact had occurred, a more serious
disciplinary penalty would have been given. The Carrier argued the Claimant
had originally precipitated the incident because of some remarks that he had
made toward Ms. Parks. The Carrier argued the penalty under the circumstances
was fair and proper due to the potential harm that could befall employees
under these circumstances.
Upon complete review of the evidence presented, the Board finds the
Carrier has conducted a fair and impartial Investigation. The Board finds the
Claimant and Ms. Parks did engage in two altercations on the date in question,
and, while the Claimant did precipitate the incidents with his initial
remarks, both altercations seem to have been started by the other party. This
Board considers the behavior on the part of both the Claimant and Ms. Parks to
be reprehensible since this kind of activity very often leads to serious
physical confrontations. The Carrier has the right to expect that employees
will devote themselves exclusively to the service of the Carrier and not bring
their personal antagonisms onto the property. In addition, the Claimant is a
Leadman and, as such, has additional responsibilities over and above a regular
employee. It was his duty in this case not to respond to the verbal abuse by
Ms. Parks but to keep walking and perform the duties required of him by the
Carrier. However, the Board finds the penalty given to the Claimant to be
excessive given the circumstances of this case, particularly in light of the
fact that neither altercation was started by the Claimant. Therefore, the
Board will order the penalty reduced to a 5 working day actual suspension.
The Organization's Claim for interest is specifically denied.
Form 1 Award No. 10814
Page 3 Docket No. 10875
2-SP-EW-'86
A WAR D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
5z
Attest:
Nancy J. v~ - Executive Secretary
Dated at Chicago, Illinois, this 9th day of April 1986.