NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-25321
Eckehard Muessig, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
Claim of the General Committee of the Brotherhood of Railroad Signalmen
on the Consolidated Rail Corporation on behalf of Signalman M. J. McKnight,
dismissed from Carrier's service on July 22, 1982. Restoration to service with
reimbursement for wages lost due to assessment of excessive discipline is requested.
(Carrier file No. System Docket 1930-D - Central Region Case BRS-4-821
OPINION OF BOARD: This claim arose after the Carrier found that the Claimant
had directed hostile, threatening language and gestures
toward one of Carrier's Supervisors.
The Organization essentially contends that the incident that led to
this dispute came about primarily because of a personality conflict being allowed
to get out of hand. Accordingly, the blame should not be centered upon the Claimant.
It concludes, for these and other reasons of record, that the discipline of
dismissal therefore, is excessive.
While the Board is not unmindful of the Organization's contentions,
skillfully presented in the record, and its forceful advancement of these before
the Board, we find that the Carrier has met its burden of proof.
This Division has consistently held, as evidenced by its many awards
on the matter, that insubordination and threats to Supervisors are serious
offenses that may rightfully lead to permanent dismissal. Given the evidence
herein, we have no basis to disturb the Carrier's finding and decision.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
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:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1985.