Public Law Board No. 2203
- PARTIES Brotherhood of Maintenance of Way Employes -
TO - -
DISPUTE: and '
Consolidated Rail Corporation
STATEMENT (a) Carrier violated Rules 5-A-1 and 5-E-1 and
OF
CLAIM: other provisions when it dismissed Equipment Operator
- R. L. Jones September 22, 1977.
- (b) Claimant's record be cleared and he be re
stored to service with all rights unimpaired and
without loss of pay.
FINDINGS: Claimant was dismissed for using abusive language to
-:, Supervisor Keller and attempting to provoke a fight.
The evidence is not sufficient to support a finding
. that claimant tried to start a fight. It does -establish, however,
' that he acted improperly, "cussing out" Mr. Keller repeatedly while
demanding water. , -
.. ,--
As we have frequently held, no supervisory employe
should have to put up,with that kind of nonsense in carrying out his
.2';1 0 3 -4w0,
'duties. .There are several extenuating circumstances, however, in
this case that'lead us to believe that it does not provide a sound
basis for extreme disciplinary action. There is evidence that
claimant was ill and in real need of water on that hot August day.
.Our feeling with respect to this case is somewhat similar to that
we expressed in Award No. 5. In our judgment, claimant should be
given another chance with a stern warning that any. disturbance with
a supervisor will be grounds for dismissal.
AWARD:
' / . J.~L
lux)
Carrier M mber
Claimant to be reinstated with seniority rights unimpaired but without back pay.
Adopted at Philadelphia, Pa.,
7) ~ ~ 7
1979.
I
~.Ftarold M. Weston, Chairman
V~_14~UVO_AA
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