NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24714
Paul C. Cartel, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(Z) The dismissal of Trackman J. A. Pugh for alleged °conduct
unbecoming
an employee,
insubordination to
officials of the-Railzoad, and having an altercation
with officials of the Railroad Company on Monday, August 11, 1980" was without
just and sufficient cause (System File 2-MG-2992/ERRG-1715).
(2) Claimant J. A.' Pugh shall be reinstated with seniority, vacation
and all other rights unimpaired and he shall be compensated for all wage loss
suffered and for all other Agreement benefits including Health, Welfare and
Dental
Insurance cov=erage
.
OPINION Or' BOARD: The Claimant was employed by the Carrier as a trackman
in Carrier's rail gang working in the area of Fairfield,
Pennsylvania. Fe had been in Carrier's service about ten months. On August
23, 1980, he was charged:
"A.rrange to attend a hearing on September 2, 1980,
at 9:30 a.m. in the Offices of the Manager of Engineering,
located in Room 300, Camden Street Warehouse, Camden
and Eutaw Streets, Baltimore, Maryland.
You
are charged with responsibility =n conduct
unbecoming a: employee, insubordination to officials of
the Railroad, and having an altercation with officials of
the Railro'ed Company on Monday, August 11, 1980, in the
vicinity of Fairfield, Pennsylvania. .The investigation is
to determine your responsibility, if any, of conduct
unbecoming an employee and being insubordinate by refusing
to perform your duties as
instructed
by your supervisor on
the morning of August 11, 1980. You were again insubordiante
tc =_?ervisor van Kirk at about 4:15 p.m. by refusing to
leave -he Camp Cars which were on company property as
instr--cted by your supervisor. You then are charged with
responsibility of prcvok_ng and havin; an altercation a
short time after the episode in the Camp Cars of= company
property with Super visor van tick and Lt. ma_oney of the
Railroad Police Department.
Arrange for your representatives and/or wi=zesses
to be present if desired. "
_ Award Number 24571 Page 2
Docket Number MW-24714
The investigation was postponed and conducted on September 25, 1980.
At the investigation, a transcript of which has been made a part of the record,
it was developed that on August 11, 1980, the Claimant approached the Supervisor
and requested that he be promoted to foreman. After questioning him as to his
qualifications, the Supervisor determined that Claimant did not have the requisite
qualifications to handle a foreman position, and he so informed the Claimant.
Claimant was then instructed to perform work as directed by the Assistant
Supervisor, but refused to do so, stating that he was going to follow the
Supervisor around all day to learn how to become a foreman. Upon Claimant's
refusal to perform work as directed, he was removed from the service by the
Supervisor, who returned him to the Camp Cars, and instructed him to get off
the Company property. The Supervisor later returned to the camp cars and found
that CZaima:t had rot left, at which time the Supervisor instructed him to be
off the camp cars by quitting time. An argument ensued, with the Claimant
using loud and profane language to the Supervisor, and making vile, profane and
indecent exposure and gestures to the Supervisor.
At the end of the work day, the Supervisor returned to the camp cars,
with two members of Carrier's Police Department, and found that Claimant had
refused to leave Company property as instructed. At that .time Claimant wanted
a written statement verifying that he had been taken out of service. When the
statement was offered by the Supervisor, he refused to accept it. He was
instructed a second time to leave Company property, and again responded with
belligerent remarks to the Supervisor, and again engaged in vile, profane and
indecent exposures and gestures to the Supervisor.
The Supervisor and tie representatives of the Carrier's Police Department
then concluded to contact the Pennsylvania State Police for assistance. They
left the scene of the camp cars and drove about a mile to a church parking lot,
to await arrival of the State Police. A short time later, the Claimant and two
other trackmen arrived at the church parking lot location, approached the
Supervisor and one of the Police Department employes and Claimant entered into
an altercation with the Supervisor, the evidence clearly indicating that t^e
Claimant was the aggressor. During Claimant's physical attack on t.:e Supervisor,
the State Police arrived, handcuffed Claimant and arrested him.
The transcript of the investigation is replete with evidence in support
of the charges against the Claimant. The investigation, or hearing, was conducted
in a fair and impartial manner. Claimant was guilty of conduct that cannot be
condoned.
:IVDINGS: The Third Division. of the Adjustment coard,,upon the whole record
and all t^e evidence, finds a..^.d :olds:
That the parties waived oral 'nearing; 4,
Award Number 24571 Page 3
Docket Number MW-24714
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employe 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:
.Nancy ver - Executive Secretary
Dated at Chicago, Illinois this 15th day of December 1983.