Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12201
SECOND DIVISION Docket No. 11866-I
91-2-89-2-193
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(G. W. Franklin
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
Claim of Carman G. W. Franklin that the carrier violated the current
agreements and/or the principle thereof, when on/or about the month of July
1988, Car Foreman G. E. Nelson, in a very hostile, belligerent and disrespectful manner, by pointing and shaking his finger into the face of Carman
Franklin, screaming that he disobeyed a direct order in Norfolk, VA - 38th
Street Shop. Request an apology, verbally or in writing, from Car Foreman G.
E. Nelson for falsely accusing him of disobeying a direct order after Nelson
himself had instructed Franklin, "if black paint gets on the upper part, we
will paint it all black." Norfolk, VA - Norfolk and Western Railway Company.
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 basic facts of this case are set as follows: By letter dated
July 22, 1988, the Organization filed a Claim on behalf of the Claimant. The
Claim related to the asserted bellicose behavior of a Car Foreman who ostensibly chastised Claimant, circa, late May, 1988. Specifically, the Organization contends that because Claimant painted the wall in the paint storage area
perhaps contrary to prior instruction, the Car Foreman's subsequent vituperative response was tantamount to an impermissible altercation. The third
paragraph of the Organization's July 22, 1988 letter depicts Claimant's perception of the Car Foreman's deportment.
Form 1 Award No. 12201
Page 2 Docket No. 11866-I
91-2-89-2-193
"When Car Foreman G.E. Nelson observed the -
wall painted he immediately confronted
Franklin. In discussing this Nelson became
very hostile, belligerent, and disrespectful.
The pointing and shaking his finger in
Franklin's face and screaming that he had
disobeyed a direct order was very embarrassing
and demeaning to which Franklin has seen fit
to take exception to. This ongoing immature
behavior of Car Foreman G.E. Nelson most de
finitely constitutes an altercation which is
not tolerated by the Carrier and will cer
tainly not be by the Organization."
In response, the Carrier contends that the Organization failed to provide sufficient credible evidence to substantiate the incident (i.e., dates,
times, witnesses, statements, etc.) and also observes that Claimant ignored
reasonable instructions from the Car Foreman. On this latter point, it asserts that Claimant's actions constituted unacceptable insubordinate behavior.
It furthAr notes that the Organization has not cited any specific Agreement
Rule violation. (See Second Division Award Nos. 7420, 6597 vis-a-vis a petitioner's obligation to cite a rule in support of a grievance.)
In considering this case, the Board concurs with Carrier's position.
In the absence of a clear showing that a specific rule was violated, we'lack
any justifiable basis for finding for Claimant. Since the record is bereft of
provable details and a correlative demonstration that a specific provision of
the Controlling Agreement was violated, of necessity we must deny the Claim.
There is plainly nothing in the record that establishes the relevancy and
breach of any specific rule. This omission is a fatal defect.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
0000
Attest: ·
Nancy J er- Executive Secretary
Dated at Chicago, Illinois, this 18th day of December 1991.