NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 24911
THIRD DIVISION Docket Number MW-25026
Paul C. Carter, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman C. W. Boatright for violation of "Rules
11, 17 and part of 18" was excessive and disproportionate to the offense with
which charged [System File 37-SCL-81-29/12-27(82-1002) X3J.
(2) The claimant shall be reinstated with seniority and all other rights
unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: The Claimant herein was the employe who inflicted the knife
wound on the Claimant involved in Award No. 24910.
Following an investigation conducted on September 30, 1981, a transcript
of which has been made a part of the record, Claimant, on October 16, 1982, was
dismissed from service effective September 16, 1981.
Notwithstanding the crude, vulgar and obscene language used by the Claimant
in Award No. 24910, the actions of the Claimant herein were not justified. We
have often held that provocations do not warrant physical attacks. The situation
should have been reported to supervisory personnel for proper corrective action.
The claim herein will be 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.
Award Number 24911 Page 2
Docket Number MW-25026
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest,
An
J. Dever -Executive Secretary
Dated at Chicago, Illinois this 30th day of July 1984.