BEFORE PUBLIC LAW BOARD NO. 1837
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
NORFOLK AND WESTERN RAILWAY COMPANY
Award No. 84
STATEMENT OF CLAIM: Claim of the Brotherhood that:
Claim on behalf of J. G. Christen requesting that he be reinstated and paid
for time lost, as a result of his dismissal from service following
investigation held on September 24, 1993, in connection with conduct
unbecoming an employee by attempting to start an altercation with other
employees in Company camp trailer and subsequent belligerence to these
employees, Railroad police, and EMS medical personnel who were
attending to him.
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are carrier and employee within the meaning of the Railway Labor Act, as
amended, and this board is duly constituted by agreement under Public Law 89-456 and
has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall
not serve as a precedent in any other case.
This Board has reviewed the evidence and testimony in this case and we find that
there is sufficient evidence in the record to support the finding that the Claimant was
guilty of violating Carrier rules prohibiting conduct unbecoming an employee and
fighting. The record is clear that the Claimant entered a camp trailer at night and directed
profane language toward the other employees and grabbed a co-worker by the throat
N Zi i p37 - Aw n 8
causing injury to others and himself. The Claimant did not appear at the hearing to
dispute the charges.
Once this Board has determined that there is sufficient evidence in the record to
support the guilty finding, we next turn our attention to the type of discipline imposed.
This Board will not set aside a Carrier's imposition of discipline unless we find its actions
to have been unreasonable, arbitrary or capricious.
Numerous Boards have held that fighting and vulgar and profane language can be
the basis for a dismissal. Given the proven and admitted wrongdoing of the Claimant in
this case, this Board cannot find that the Carrier acted unreasonably, arbitrarily, or
capriciously when it terminated his employment. Therefore, the claim must be denied.
AWARD
Claim denied.
et r R. eyers
Neu Member
D. . artholomay E. N. Jacobs,
Organi ation Member Carrier Mem er
DATED: ~~ - ~~ DATED3
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