BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM: Claim of the District Committee of the Brotherhood (GLX-146) that
OPINION OF BOARD: By Carrier notice dated October 27, 1961 Claimant Coleman was cited for investigation on the charge that on October 26, 1961 he violated Rules 824 and 831 of Carrier's General Rules and Instructions in his conduct towards his immediate supervisor, Working Foreman John E. Thomas. Rule 824 deals with insubordination; Rule 831 refers to use of profane or vulgar language while on duty. Following the investigation, Carrier found Claimant guilty as charged and assessed a seven day suspension effective November 5, 1961.
It is conclusively established in the record that on the date of the subject incident Claimant Coleman repeatedly turned off the power on a conveyor belt, used for unloading freight, in spite of Foreman Thomas' instructions to leave the power on. The Claimant's defense that he acted in this fashion for safety reasons is not supported by the evidence. There is conflict in the testimony concerning whether Claimant used abusive and vulgar language in addressing the supervisor during the course of the subject incident. However, the evidence as a whole gave Management reason to conclude that
Claimant used the improper language with which be was charged. No mitigating circumstances were shown.
Carrier therefore properly determined that Claimant Coleman was guilty of violating the subject Carrier rules of conduct. Claimant thereby exposed himself to disciplinary action, We note that only shortly before the disputed incident Claimant was suspended from service for ten days, after being found guilty of insubordination and use of profane language. In view of this background it cannot be contended with any semblance of justification that the seven day suspension, which was assessed for Claimant's conduct in the present case, constituted an excessive penalty.
FINDINGS: The Third Division of the Adjustment Board, upon tha whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the, dispute involved herein; and