Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11880
SECOND DIVISION Docket No. 11737
90-2-89-2-9
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Burlington Northern Railroad~Company
STATEMENT OF CLAIM
:
1. The Carrier violated the provisions of the current controlling
agreement when they improperly placed a letter of censure in Sheet Metal
Worker J. Dillard's record on January 19, 1988, as the results of an investigation conducted on January 6, 1988 at West Burlington, Iowa.
2. That accordingly, the Carrier be required to remove the letter of
censure from Mr. Dillard's personal record.
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.
On January 19, 1988, following the completion of an Investigation,
the Carrier placed a letter of censure in the Claimant's personal file. The
letter alleges that Claimant violated Rule 563 of the Carrier's Safety Rules
which states:
"Burlington Northern Service demands the
faithful, intelligent, courteous safe discharge
of duty. Courteous orderly conduct is required
of all employees. Boisterous, profane, sexist
or vulgar language is forbidden. Employees must
not enter into altercations with any person
regardless of provocation, but will make note of
the facts and report such incident in writing to
their immediate supervisor."
Form 1 Award No. 11880
Page 2 Docket No. 11737
90-2-89-2-9
The Board has examined the record and agrees that substantial
evidence supports the Hearing Officer's findings that on December 3, 1987, the
Claimant became loud, boisterous and disorderly when instructed to complete
work performed by previous shift employees. The Supervisor acted within the
scope of his authority in a non-provocative manner. Civility must prevail in
the work place. The Claimant's lack of civility more than justified the
minimal discipline he received.
In reviewing this case, we agree with the Carrier that the notice of
Investigation was sufficiently specific to permit the Claimant the opportunity
to prepare an intelligent and coherent defense.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:r
,
"Nancy er - Executive Secretary
11
f
Dated at Chicago, Illinois, this 13th day of June 1990.