NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23188
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: "Claim of System Committee of the Brotherhood that:
(1) The dismissal of Equipment Mechanics B. E. Hood and
J. L. Wright was unreasonable, arbitrary and without just and sufficient
cause (System File B-1232).
(2) The claimants shall now be allowed the benefits prescribed
in Agreement Rule 9(c)."
OPINION OF BOARD: This claim involves an alleged altercation between
Division Engineer B. M. Lutzenberger and Messrs.
B. E. Hood and J. L. Wright, the claimants, both employed as Traveling
Maintenance of Equipment Mechanics, on the evening of October 4, 1978.
Both claimants were charged with violation of Rule 175 and
the first paragraph of Rule 176 of Carrier's Rules for the Maintenance
of Way and Structures, and were dismissed from service on October 7, 1978.
Formal investigation was held on November 2, 1978. A copy of the transcript
of the hearing was made a part of the record.
Rule 175 and the first paragraph of Rule 176 read as follows:
"175. Civil, mannerly deportment is required of all
employee in their dealings with the public, their
subordinates, and each other. Boisterous, profane
or vulgar language is forbidden. Courtesy and attention to patrons is required. Employes must not
enter into altercations with any person, no matter
what provocation may be given, but will make note
of the facts and report to their immediate superior."
"176. Employes who are negligent or indifferent to
duty, insubordinate, dishonest, immoral, quarrelsome,
insolent or otherwise vicious, or who conduct themselves and handle their personal obligations in su
a way that the railway will be subject to criticism
and loss of good will, will not be retained in the
service."
Award Number 23040 Page
2
Docket Number MW-23188
The record clearly shows that an altercation occurred on
October
4, 1978,
in the restaurant of the Pine Forest Motor Lodge and
in the parking lot between Division Engineer Lutzenberger and the
claimants.
The testimony of both claimants confirmed the altercation
and their part in it. Carrier witnesses also confirmed claimants'
involvment in the altercation, their use of vulgar and profane language
as well as threatening Lutzenberger verbally and with a wooden stick or
club one inch in diameter and
24 inches long
. The Hoard finds the
evidence produced at the investigation stows claimants were in violation
of Carrier's Rules
175
and
176.
Claimants contend the altercation was provoked by
Lutzenberger. If claimants' contentions were correct they failed to
conduct themselves in accordance with provisions of the last sentence
of Rule
175,
quoted above, end it is too late now for retribution.
The record shows claimants were reinstated on May
21, 1979,
without back pay with the right of the Organization to press this
claim.
The Hoard finds that the record contains sufficient probative,
credible and competent evidence to support the Carrier's action. There
is no.proper basis for the Hoard to interfere with the discipline imposed.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
- Award Number-23040 Page
3
Docket Number
MW-23188
A W A R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1980.