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                      PUBLLC LAW BOARD NO. 1582


        PARTIES) ATCHISON. TOPEKA AND SANTA. FE RAILWAY COMFANY

        TO )

        DISPUTE) 3:COT!:E1UiOUD OF MAINTEMANCL OF WAY EMPLUYES


      STALTEKiaiT OF CLAI`: "ilta c Claimant :1. G. Sianons be compensated i:o: a ;,:age ass and/or :.lade whole beginning May 6, 1935 and concinuin;; until June 17, 1985 when he was advised ol~ his reirLstatezent with all seniority and benefit rights restored but without compensation for wage loss by Superintendent Caldwell.


        FINDINGS: This Public Law Board No. 1582 finds chat the parties

        erg ein are Carrier and employee within the meaning of the Rail

        way Labor Act, as amended, and that this Board has jurisdiction.


        In this dispute the claimant was notified to attend an investigation in Dallas, Texas, on February 4, 1935, to determine the facts concerning, cite report of an alleged altercation between P. `rf. Trinidad and the claimant. " P. M. Trinidad is Section Foreman of Section 22 at Dallas; Texas. a. G. Simmons is a Trackman on Section 22.


        Foreman Trinidad testified that he had been off sick and that Monday morning, February 4, was his first day back at work. He testified chat he unlocked the pickup to get in and started i:t, and there ryas a bunch of trash in the back seat and franc sea so lie gathered chose thinus togecher and a sack of lunch, coo, bur he didn't know is was a Lunch at that time because they usuallv leave trash and some ford. lie testified that after czro or three days, it started to smell. Lie asked the men if the lunch belonged to any of them and they said, "It don't belong to me". so he gathered it up and cook it to the duLrpster.


        Lie cescified that when he went inside, Claimant Simmons asked him if he had seer. a sack of lunch. he said, "i saw one, but I uidl' r know is was your lunch and I gathered everytrliag, up thinking 1C was trash too anal pat it 111 In cite dU:7pater." 'He testlfied that he then went to work.


      At the end of work around four o'clock they were bringing tile cools and loading them in the pickup. When he started cite pickup, Sir=ons again asked why did he throw away his lunch. and "I tried to answer him and he started cussing me. He always has, you know" and then he wrote this lecter. "I stated in my Letter that this was not the first time he had done this. So. I was walking toward the pickup and when I got pretty close to the pickup, Simmons was stooping over to bet the orange cone and I pushed him and that was

      PLB-1582 Award No. 335


                                            Page '?


till T_ side e: push him hard enough to make h il stumble or even
 CO tail, an-24 after that we got in the pickun." d.·.'. .C:'.;~C111~:.d
 -::at ~. J. :Co'ers T.-:as tilere, and nothing else Was said from. CI: '2
 time shay 1=ft the job until they returned.

 ?oreaan Tr'_nidad was asked why he shoved the claimant, and he staled that "tie was cussing me, using foul words, and 1 never use these on anybody, and I didn't like what tie was saying to me. T_t was unrespectable and everything, so I just shoved him." He stated that ha diva. not strike the clairiant.

 1:ze claimant testified that he brought some food to work with him, and he laid it on top of the tool box and Foreman Trinidad threw his food away. He further testified that the foreman saw him putting his food on top of the tool box. He stated that evening he asked if the foreman was going to reimburse "me my money and he said no, and that if he saw any more food on the truck, he'd throw it away again, so I told Pete he should reimburse me my money,and that he was wrong for what he did, but that's the way he is, and I walked off and left him." Ile testified that he had a tool in his hand to put in the truck and turned to pickup the cone and "I was being hit. I didn't know he was going to hit'me." lie testified that Foreman Trinidad hit. him on the side of the face-. He testified that P. J. Ropers came between them.

 Trackman C. G. Lozano testified that he did not see or hear anything but was present all of the time. Trackman P. J. Rogers testified that on the afternoon in question they were getting off work and as he was putting up his tool, he turned around and Trackman Simons was bent over and Foreman Trinidad was going up under 'hia and hitting him on the chest or head. He testified that the claimant was backing away toward the truck, and he came between them and that Mr. Trinidad went to the other
 s'de and got in the truck. He testified that it looked like Foreman Trinidad hit the claimant in the chest but that he was not really sure.

 Pursuant to the investigation in this case the claimant was disraissed from the service of the Carrier May 6, L985. Therea=ter he was reinstated effective June 17, 1985, and the Car-ier allowed tae Ui:ion to advance this claim for pay -or time lo_,..

 After reviewing all of the evidence of record, the Board finds that there is no justification for disciplining the claimant herein. The Carrier is directed to pay the claimant for all time lost.
 PLB-1582
 Award No. 335
 Page 3

 AWARD: Claiat sustained as per above.

 OP,DEa: Vie Carrier =s directed to comply wit:i ti:is award within t irt; days from the date of this award.

                            i ~


                          restozy-. Moore, Cr dlrman


                                2'2~-~

                          Union Union Membdr


                          Carrier Me ..


Dated at Chicago. Illinois January 2, 1986