Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33170
Docket No. CL-31824
99-3-94-3-113
The Third Division consisted of the regular members and in addition Referee
Martin F. Scheinman when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE
:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-11016) that:
1. Carrier violated the effective Agreement when it removed
K. A. Whitsey from service effective August 31,1992, and following
investigation held on September 4, 1992, dismissed Mr. Whitsey
from service per Discipline Notice #38 dated September 10, 1992.
2. Carrier shall now return Mr. Whitsey to service with all rights
unimpaired, clear his personal record of the charges, investigation
and discipline assessed him and shall compensate him for all time
lost as well as compensate him for any expenses incurred by him as
a result of health and welfare benefits being withheld from him."
FINDINGS
:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1
Page 2
Award No. 33170
Docket No. CL-31824
99-3-94-3-113
Parties to said dispute were given due notice of hearing thereon.
Claimant was assigned as a Ticket Agent at the Chicago Passenger Terminal. On
August 31, 1992, he entered the ticket office and had a work related discussion with a
fellow Ticket Agent. The conversation became heated and a physical altercation
followed. That altercation was shortly thereafter broken up by a third Ticket Agent.
Carrier filed charges against the Claimant and held a formal Investigation on
September 4, 1992, after which the Claimant was dismissed from the Carrier's service.
Review of the transcript proves that Claimant was involved in an altercation.
Fighting among employees is normally a serious infraction of Carrier Rules warranting
disciplinary measures sometimes resulting in permanent dismissal. In this instance,
however, dismissal is excessive. The Board determines that Claimant should be restored
to service with seniority, vacation and all other rights unimpaired, but without pay for
time lost. The Claimant is forewarned that another serious infraction of Carrier Rules
of this same nature could result in permanent dismissal.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL
RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of March 1999.