PUBLIC LAW BOARD N0. 1760
Award No. 38
Case No. 38
Docket No. MW-DEC-80-41
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
(Former Wabash Railroad)'
Statement
of Claim: Claim on behalf of Mr. L. T. Blue account his
dismissal from service as. a result of investigation
held on July 18,. 1980.
Findings: The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held.
Claimant was dismissed as a result of an altercation with a fellow
employee- The altercation occurred on June 18, 1980 at 11:45 AM when
Claimant struck said fellow employee with a crescent wrench resulting in
injury to said employee.
As a result of an investigation held in connection therewith, the
dismissal was upheld. -
The Board finds that there was no
error so egregious as to cause
reversal of the discipline.
There was sufficient evidence adduced to support Carrier's conclusion
as to.Claimant's culpability.
The discipline in light of the seriousness of the offense is found
to be compatible therewith and is not deemed to be an arbitrary or
capricious action by Carrier. In the circumstances, this claim will
be denied.
Award: Claim denied.
Award No. 38
PLB No'. 1760
~M. A. Christ-ie,~Employee Member E. N. Jacob Jr., Car ie Member
` x,
G'G
Ar hur T. Van Wart, C airman
and Neutral Member
Issued at Wilmington, Delaware, February 24, 1982.