(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.)



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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