NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-22263
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLALM: "Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Mr. George Squires, an Engineer-Work
Equipment, was without just and sufficient cause and wholly disproportionate to the offense with whi
Region-Pittsburgh Division Case MW 7/77).
(2) Claimant George Squires shall be restored to service
with seniority, vacation and all other rights unimpaired and he shall
be paid for all monetary losses suffered as a consequence of the
aforesaid dismissal."
OPINION OF BOARD: This is a case involving the discipline administered
to an Engineer-Work Equipment, based on a charge
of violation of Carrier Rule E, when he struck a fellow employe on the
head with a pick handle.
A trial was held on November 19, 1976, and Claimant was
present and duly represented. Several witnesses testified to the
incident in question, and their testimony was essentially corroborated
by that of the Claimant wherein he states:
".
. . so I turned around and hit him. I swung again.
I did not hit him the second time, then I threw the
pick down and I was looking at him and I was scared
and ran off the job . . . ."
Testimony of Witness Ancrile:
" . . I was right next to him, about a foot and onehalf behind him and Mr. Squires came up saying ou
'Try and take it off of me,' and proceeded to hit him
in the head. After the first swing, he swung again.
I tried to stop him and blocked it and it hit him in
the shoulder the second time . . . ."
Award Number 22209 Page 2
Docket Number MW-22263
Testimony of Witness Elizeus (victim):
"Q. Mr. Elizeus, you are a trackman in District Gang #6.
Would you please tell us what happened on September 23,
1976 at approximately 7:30 A.M.?
A. Well, the foreman, Jim Jones, told me to put the tools
into the bus, so I put the tools in the bus and Mr. Squires
had a pick handle, and I asked him for it, and he said,
'Wait I'll give it to you', so then he did not give it to
me and I turned my back to him and started to walk towards
the door of the bus and then I got hit with the pick
handle and -I
was
out and-
I do not
remember what happened
after that."
The testimony was convincing that Claimant was guilty of
reprehensible conduct which cannot be tolerated in the railroad society.
Under the circumstances, there is no basis for this Board to interfere
in the discipline assessed and the claim will be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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
The Agreement was not violated.
A W A R D
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Claim denied.
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Executive Secretary
Dated at Chicago, Illinois, this 31st day of October
1978.