Public Law Board No. 2203

Award No. 5 Case No. 5

PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and

Consolidated Rail Corporation

STATEMENT
OF
CLAIM:

1. The discipline imposed was too harsh.

2. Carrier shall reinstate Trackman Jerry M. Taylor with seniority unimpaired.

FINDINGS: Claimant, a young trackman with less than 20 months
service, was dismissed for fighting on Company property
while at work.
It is undisputed that he grabbed a fellow employe,

Charley Drew, by the hair and threw him to the ground. Both men were immediately taken out of service but Mr. Drew was reinstated on the basis of Carrier's finding that he was innocent. Claimant's explanation was that Mr. Drew provoked him unreasonably while they were

both handling their assignments.
f

· - 4r2

o.: -i:rD.

' Serious discplinary action is warranted on this record.

However, we are persuaded after taking into consideration claimant's

youth and a realistic question as to Mr. Drew's complete innocence

of provocation that claimant should be given another chance to

prove that he can be relied on to do his job in a proper manner.

-AWARD: Claimant to be reinstated immediately with seniority

rights unimpaired but without back pay.

Adopted at Philadelphia, Pa.,~_ /7 1979.

Harold M. Weston; Chairman.

l - ~ .L. `C·z.l'· ~ _ t fn

Carrier Member, Employe Member