· Public Law Board No. 2203
PARTIES Brotherhood of Maintenance of Way Employes
TO .
DISPUTE:. - and
Consolidated Rail Corporation
STATEMENT Dismissal case of Stanley Etheredge, Trackman,
OF
CLAIM: Morrisville, Pennsylvania
FINDINGS: Claimant was dismissed for threatening Supervisor
Smith and Assistant Division Engineer Holmes.
Mr. Smith had spoken to claimant about getting down
to work. Claimant resented the manner in which the statements were
made and a quarrel ensued between the two men. While Mr. Holmes
vas trying to calm the situation, claimant pointed his finger in
Mr. Smith's face and said that he would take Smith with him if he
lost his job., When Holmes, who not unreasonably construed claimant's statements as a threat against Smith, then took claimant out
of service, claimant ran up to Holmes, "yelling threats" and saying,
','I'll get you too." Then he assumed a fighting pose, according to
Mr. Holmes, with clenched fists.
.za-o3 -Au,o.
Claimant denied threatening the supervisors. He
testified that he was angry because he felt he was being harrassed
and did say that if I lost my job, Smith would lose his too.
Carrier's findings of fact will not be set aside since
they are supported by substantial credible, though controverted,
evidence. We will not substitute our judgment for that of Carrier.
in this matter, although we understand that claimant is a competent
worker. Supervisory employes should not be required to put up with
threats and time wasting confrontations when criticizing employes
under their supervision. There is no evidence that either Mr.
Smith or Mr. Holmes subjected claimant to comments of such an extremely improper nature that his reactions could reasonly have been
anfidipated.
AWARD:
Carrier Member
Claim denied.
1
Adopted at Philadelphia. Pa.,
17'.~`~
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1979.
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I- L
c
Harold M. Weston, Chairman
Employe Member