NATIONAL RAILROAD ADJUSTME1'VT HOARD

Award Number 22643

THIRD DIVISION Docket Number CL-22477

Ray McMurray, Referee

(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employee PARTIES TO DISP=: (Norfolk, Franklin and Danville ( Railway Company

STATEMERT OF CIAIhi: Claim of the System Committee of the Brotherhood (GL-8594), that:

1. Carrier acted in an arbitrary, capricious and unjust meaner when, without just cause, it assessed a thirty (30) day actual suspension against Agent-Operator L. T. Jarratt.

2. In view of the foregoing Carrier shall now be required to:

(a) Compensate Agent-Operator L. T. Jarratt for all time lost commencing at 12:01 A.M., Tuesday, November 22, 1977$ to 12:01 A.M., December 22, 1977, as a result of its arbitrary, capricious and unjust action.

(b) Remove and expunge the thirty (30) day actual suspension and any reference thereto from the service record of Agent-Operator L. T. Jarratt forthwith.

(o) Pay Agent-Operator L. T. Jartatt interest in the amount of ten (10) per cent compounded annually on anyy monies claimed in Item 2(a),

OPINION OF BOARD: This case involves a thirty (30) day disciplinary
suspension which was assessed against Agent
Operator L. T. Jarratt on November 18, 1977, following an investigative
hearing which was convened to develop Claimant's responsibility on the
charge of:

_ . Award Number 22643 Page 2

Docket Number CL-22477

' * *conduct unbecoming an employe when at

approximately 9:30 am., September 27, 1977,

at the Norfolk, Franklin and Danville Railway

station in South Hill. Virginia, when you used

profanity and acted in a threatening manner

toward the Norfolk, Franklin and Danville

Roadmaster, J. R. Salmons."

Based upon our examination of the record before this Board in the instant case, it is apparent that Claimant was afforded all of the due process rights which accrue to him. The hearing record contains sufficient probative testimony - including Claimant's own - to support the charges as made. We are not convinced that the language used in this instance amounts to only "shop talk." The use of this type of vulgar language combined with threatening gestures may - and quite often does - subject the offender to discharge. Certainly the assessment of a thirty (30) day suspension cannot be considered excessive or capricious. (See Third Division !ward No. 21299.) Accordingly, we will deny the claim.

FIRDINGS: 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

that the Agreement was not violated.

A. W A R D

Claim denied.

NATIOUL RA31ROAD ADJUSTMT BOARD

By Order of Third Division

ATTEST: /f/t &/w~

Executive Secretary

Dated at Chicago, Illinois, this 30th day of November 1979.