AWARD N0. 172
Case No. 206
PUELIC LAW BOARD 140. 1588 2
PARTIES) r"_TCHISON, TOPEYA AND SAiTA FL RAILWAY CU: p _idY
OF )
DISPUTE) BROTHERHOOD OF MINTENANCE OF ?-:AY E?:T LC ZEES
STATEMENT OF CLAIM:
1. That the dismissal of Northern Division Trackman R. G. Beard
was unjust because it was not supported by substantial evi6ence and
even if substantial evidence was introduced on record that proved
the claimant muilty of alleges rule(s) violation, permanent dis
missal from eervice is excessive and
harsh discipline
.
2. That claimant Beard be reinstated to service with seniority,
vacation, all rights unimpaired and pay for all wage loss beinning
December 21, 1931 continuing forward and/or otherwisem,ade %hole.
FINDINGS: This Public Law Board No. 1582 finds that the parties
erein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction..
In this dispute the claimant was charged with entering into an altercation and threatening Foreman D. L. Wells on November 4, 1981 at
South Street Crossing, Wynnewood, Oklahoma. An investigation was
held, and pursuant to the investigation the claimant was found guilty
and was dismissed from the service of the Carrier.
On November 4 a student foreman sent the claimant and another employee
to get some 'axle grease and ten track bolts. They returned with the
bolts and resumed work when Foreman Wells took C. R. Williams and the
claimant to- the company truck. The-claimant contends that Foreman
Wells instructed them to go with him to get a blood test, and Foreman
Wells testified that he simply requested them to accompany him to the
Wynnewood Depot where he could obtain instructions from a supervisor
regarding how to handle the matter.
When Foreman Wells, C. R.Williams and claimant Beard approached the
truck, apparently the claimant became enraged andNPANÃњ:N2|T"AC+#p` 1NAA,&_`\CF?F3sF6Ec]#p?
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