NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24569
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Green Bay and Western Railroad Company
STATEMENT OF CIA124: Claim of the System Committee of the Brotherhood (GL-9612)
that:
1. Carrier violated the Clerks' Rules Agreement at Green Bay, Wisconsin
when it charged, held investigation and assessed discipline of sixty (60) days
suspension regarding Employe R. G. Villers on January 15, 1981.
2. Carrier shall now be required to compensate Employs R. G. Villers
all lost wages due to the aforementioned suspension and remove all mention of
charges, investigation and subsequent discipline from his personal record.
OPINION OF BOARD: Employe Villers, a Chief Clerk at the Green Bay Freight Office
with seniority from 1955, was charged with using profane
language in an altercation with Trainmaster R. M; Leary on January 8, 1981. At
about 3:25 P.M., Claimant walked into the Yard Office and stated to the two yard
clerks on duty, "Take a break boys. You don't have to type up that list.", and
then sat down at an empty desk. Overhearing this conversation, leery came out
of his adjoining office and told Villers, "We're getting out a train. You have
no business here. Get back in your office and quit distracting these clerks."
Villers addressed an obscenity to Leary and said "Keep your God damn nose out of
my business." Leary replied, "That is enough. I've had it with you. I'm not
going to stand for this anymore. I'm writing this up." Villers uttered another
obscenity to Leary and said ."Write it up--see if I give a God damn." At the
investigation on the charges Villers admitting using profane language but stated
that it was not intentional, that he meant no harm by it and apologized.
In its ex parts submission, BRAC cites Third Division Award 18439
(Rosenbloom) for the proposition that an employe cannot be held to a higher
standard of language than his superior. In the instant case, however; there is
nothing to indicate that Leary, the superior, used anything but acceptable words
to Claimant.
Vulgar and abusive language that is commonly accepted in a barracks has
little place in an office of the Carrier. When coupled with a disruptive order
to subordinates who had work to perform and addressed to their superior, such
language is completely inappropriate. (See Award 16347-Devise, 16948-Criswell,
20089-Eischen and 20263-Liebermaa, among others.)
Award Number
24381
Page 2
Docket Number CL-21+569
The record at the investigation, including Claimant's own testimony,
amply supports the charges. The use of this type of vulgar language may, and
often does subject the offender to discharge. (Award 22643-Md&uTray). The assessment of suspensi
the claim is 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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of May
1983.
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