PUBLIC LAW BOARD N0. 2206
AWARD N0. 39
CASE N0. 49
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Burlington Northern, Inc.
STATEMENT OF CLAM
Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Sectionman Otilio Contreras December 1,
1979, was without just and sufficient cause and wholly
disproportionate to the alleged offense. (System File
15-3 M-W20 6/22/79).
(2) Sectionman Otilio Contreras be reinstated with all rights
unimpaired and compensated for all time lost.
OPINION OF BOARD:
Claimant was employed as a Section Laborer at Cicero, Illinois. On
October 26, 1978 Claimant and another employe argued about whether Claimant
was pulling his weight while moving a rail tie with tongs. Profanity was
exchanged, whereupon Claimant pulled a knife and came at the other employe
in a threatening manner. Claimant was taken out of service and he and the
other employe subsequently were terminated following a hearing and investigation into the incident. The Organization filed the present claim on behalf
of Mr. Contreras seeking reversal of the discipline on grounds of provocation
and lack of intent to harm the other employe.
In handling on the property, a timely objection was filed and preserved
by Carrier that the appeal was not filed within the time limits required by
Rule 42 of the agreement. Even if arguendo, the claim had been properly
joined there is no merit to the Organization's assertions that Carrier
acted arbitrarily or unreasonably by suspending and then terminating an
employe proven guilty of pulling a knife and threatening another employe
during a verbal confrontation. The claim must be denied.
AWARD
Claim denied.
L. Melberg, Carrie Member
F. H. Funk, Employe Member
Dana E. E'ischen, Chairman
220&p- AWQ
31