PUBLIC LAW BOARD N0. 1582

Award No. 271 Case No. 307

PARTIES The Atchison. Topeka and Santa Fe Railway Company
TO and
DISPUTE: Brotherhood of Maintenance of Way Employes

ST ATDENT 1. That the Carrier's decision to remove Trackman S. C.
OF CLAIM: Bergen from service and assess Trackman D. L. Replogle's
record thirty (30) demerits after an investigation
May 7, 1984 was unjust.
2. That the Carrier now reinstate Claimant Bergen with
seniority, vacation, all benefit rights unimpaired and
pay for all wage loss as a result of investigation held
May 7, 1.984 continuing forward and/or otherwise made
whole, because the Carrier did net introduce substan
tial, creditable evidence that proved that Claimant
Bergen violated the rules enumerated in their decision,
and even if Claimant Bergen violated the rules enumer
ated in the decision, permanent removal from service is
extreme and harsh disc plli- ne under the circumstances.
3. That the Carrier now expunge thirty (30) demerits from
Claimant Replogle's record, reimbursing him for all
wage loss and expenses incurred as a result of attending
the investigation May 7, 1984 because a review of the
investigation transcript reveals that substantial evi
dence was not introduced that indicates Claimant
Replogle is guilty of violation of rules he was char,ed
with in the Notice of Investigation.

FINDINGS: This Public Law Board No. 1582 finds that the parties herein are Carrier and employe within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.,

In this dispute, the claimants were notified to attend an investigation to determine their responsibility in connection with an altercation occurring in Waynoka Yards on April 26, 1984. Pursuant to the investigation, Claimant Bergen was dismissed from the service of the Carrier and Claimant Replogle was assessed 30 demerits.

PLB-1582 2 Award 1271

the transcript indicates that Claimant Bergen requested to use a pica: three tines from Claimant Replogle and each time Claimant Replogle refused. Claimant Bergen stated that he only wanted to use it for just a moment. Claimant Bergen alleges that Claimant Replogle used obscene language towards him, and Claimant Bergen admits striking him.

Fighting is a serious offense and justifies very serious discipline. Employes must be cautioned that serious discipline up to and including discharge may be assessed for such violation.

After reviewing the evidence, it is the opinion of the Board that permanent dismissal of Claimant Bergen is tou severe and directs the Carrier to reinstate the claimant with seniority and all other rights unimpaired but wittxwt pay for time lost, after he has been out of service for 90 days. That portion of the claim for removal of the thirty demerits assessed Claimant Replogle's record is denied.

AWARD: Claim in behalf of S. C. Bergen sustained as per above.
Claim in behalf of D. L. Replogle denied.
ORDER: The Carrier is directed to comply with this award within
thirty days from the date of this award.
Preston . sore, airman
Lhion Member
em er

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Dated at Chicago, TZZinois .iuZy 15, 1984