Award No. 1
Case No. 1
PUBLIC LAW BOARD NO. 1881
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
MISSOURI PACIFIC SYSTEM FEDERATION
VS.
ARKANSAS AND LOUISIANA MISSOURI RAILWAY COMPANY
STATEMENT OF CLAIM
(1) Carrier unfairly dismissed Trackman James Biddings, Section
2, Basthrop, Louisiana, from the Carrier's service effective
March 19, 1976, for alleged violation of Rule 121 of the Rules and
Regulations for Maintenance of Way and Structures on March 2,
1976.
(2) The discipline assessed was harsh and excessive.
(3) Trackman Biddings should now be reinstated to Carrier's
service and paid for all time lost, with rights and privileges
restored to him that hd would have if he had not been dismissed.
OPINION OF THE BOARD
The record in this dispute discloses that the Claimant had been
employed by Carrier for approximately three years as of March 2, 1976.
That on March 2, 1976, Claimant was involved in two incidents; one at
approximately 11:00 a. m. and the other at approximately 3:30 p. m.
The record discloses that there were heated remarks made between
Claimant and his Supervisor at approximately 11:00 a. m. on the date in
question. Later on that same day and at approximately 3:30 p.m., while
the men were going off duty, the evidence discloses that Claimant used
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profanity and attempted to entice his Supervisor into an altercation. All
of the evidence indicates that the language of Claimant was of a rough
nature.
Rule 121 distinctly provides for courteous deportment of alt
employes in their dealings with the public and
each other. A formal
investigation was held on March 11, 1976, in Monroe, Louisiana resulting in the dismissal from service of this Claimant after being found guilty
of violating the said Rule 121. The record further discloses that this
same Claimant was suspended for seven working days.effective November
14, 1974 and was placed upon a one year probation for insubordination,
as well as other violations. Therefore, the evidence in this case, together with the past record of this Claimant, justifies Carrier for its
action taken in this instance.
The discipline of employees is a matter which is within the
G~'pra~ati,;P_of management so long as management exercises discretion
and fair judgment and does not act in an arbitrary capricious manner.
See First Division Awards No. 10649 and 14044.
Also, where the employee is shown to be a repeat offender, the
Carrier may consider this fact in arriving at the proper discipline. See
First Division Award No. 20372; Third Division Award No. 10880 and
10920 and Fourth Division Awards No. 796 and 798.
For the reasons above stated, this Claim will be denied.
Award: Claim Denied.
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Gene . Ritter, Neutral-Member
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Payton acy, Jr_ ar er em r
. jingha , rganization Memr ,