` AWARD NO. 518
CASE N0. 552
PUBLIC LAW BOARD NO. 1.582
PARTIES) THE ATCHISON, TOPEKA AND SANTA 1·E RAILWAY COMPANY
'10 )
DISPUTE) BROTHERHOOD OF MAINTENANCE O1~' WAY .EMPLOYEES
STATEMENT OF CLAIM:
1. That the Carrier's decision to remove Panhandle R. bi. Coleman
from service was unjust.
2. That the Carrier now reinstate Claimant Coleman with seniority,
vacation, all benefit rights unimpaired arid pay for all wage loss
as a r·>sult of investigation held 9:30 a.m., Aoril 14, 1.994 contin
uing forward and/or otherwise made whole, because the Carrier did
riot introduce substantial, creditable evidence that proved that the
claimant violated the rules enumerated in their decision, and even
if Claimant violated.the rules enumerated in the decision, removal
from service is extreme and harsh discipline under the circumstances.
3. That the Carrier violated the Agreement particularly but not
limited to Rule 13 and Appendix 11 because the Carrier did not
introduce substantial, credible evidence that proved the Claimant
violated the rules enumerated in their decision.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein 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 notified to attend,an investigation in Amarillo, Texas on April 14, 1994. The claimant was
charged with being indifferent to duty, quarrelsome, insubordinate
and careless about the safety of himself and others when he initiated an altercation with Roadmaster- L. D. Garthrop, and to determine the facts and place responsibility, if any, involving possible
violation of-Rules A, B, 1007 and 1008, Safety and General. Rules
for All Employees, 1989-
Pursuant to the investigation the claimant was found guilty of "violating Rules--A, B, 1007 and 1008 and was dismissed from the
employment of the Carrier.
Administrative Specilaist J. Cornejo testified that a notice of
the investigation was mailed to the claimant by certified mail _
to the last official address of the claimant on record with the
Carrier. This witness also testified the envelop came back
un
delivered, showing an attempt was made to deliver on Aprils, and
the letter was not picked ut).
Roadmaster L. D. Gawthrop testified that the cla0m::nt wa.5 unar-r
his supervision on March 24, 1994. He testified tiliLt on t!lai,
Award No. 518
Page z
morning he was standing in the lobby, along with the rest of the
personnel who worked with him, and the claimant approached him
and said "Larry, you're a prick" and started hitting him. He then
testified the claimant started hitting
hire,
and that he grabbed
hold of the claimant to hold him back, but the claimant kept hitting
him, and he was dodging the punches.
The Roadmaster then testified he took the claimant back and tried to
tally to him, loosen him up a little bit, but the claimant hit him
and got his glasses which resulted in a cut under his eye, and then
the claimant hit him in the ear, and then he straigtened up his grip
on the claimant and started toward .t he. door and asked a-couple of
guys to please take the claimant outside.
This witness testified this occurred bQ_tween,_7:10,1 and 7:15, a.m.
and the claimant was scheduled to report for duty at 7:00 a.m.
llc . ...:Ci
h cdid rtiit ii ii:i.: wiia.t pivvokc~d
iIho xili.c2'i:i,.t:L'vfl. iii: ifl3'v
testified the claimant stated he wasn't finished with him and was
coming back to finish him.
Scott Felker, a trackman on the Pampa Section, testified that he
observed the claimant-approach Roadmaster Gawthrop that morning and
start calling him names and took a swing at him, striking him on
his glasses, locking the lens out of the glasses into his cheek.
He stated that when Mr. Gawthrop asked for assistance, he and Mr.
Hamilton subdued the -claimant.
The Board has examined the evidence and the rules under which the
claimant was charged and finds there is no basisto overrule the
decision of the Carrier.
AWARD: Claim denied.
Preston '. Moore, Chairman
Union Clefiber
Carrier 1'4em6er