Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT The dismissal of Welder Helper W. M. Thornton for
OF
CLAIM: alleged vicious, profane and uncivil conduct was
without just and sufficient cause and excessive
(Organization File 1017(35)(79); Carrier's File
D-107482, E 306-14).
FINDINGS: Claimant, a welder helper with 31 years service with
Carrier, was dismissed as the result of an incident
that occurred on August 22, 1979.
Claimant was working with Welders Halford and Hawkins
at the time in question; they were engaged in grinding Field Welds
on the Main Line. In the course of a dispute that arose as to
whether the grinding on the Weld had been completed, claimant
called Welder Hawkins a "damn liar." Mr. Hawkins replied that
claimant was a "damn liar" if he said that it had been completed.
Claimant thereupon approached Hawkins with closed fists and began
swinging at him. He was restrained by Welder Halford but after
Halford released him, claimant picked up a "flatter" and threatened
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to hit Welder Hawkins in the head with it.
The evidence supports Carrier's conclusion that
claimant engaged in serious misconduct. If claimant had a valid
complaint to register, orderly avenues were available to him for
processing it. It plainly was a flagrant breach of his obligations as an employe to take matters into his own hands and to
attack and threaten with physical harm a welder under whom he was
working at the time. There is evidence in the record that he and
another employe were suspended on two prior occasions -- in December 1977 and December 1978 -- for failing to work together and
carry out work assignments in the Welding Subdepartment.
We can appreciate Carrier's concerns in this matter.
Beset by a host of difficult operational problems, it should not
have to be confronted in addition with an attack on a welder by
a welder helper in the course of a work assignment. While dismissal might well be warranted in this setting, there being no
question but that claimant was the aggressor and had insufficient
provocation for his actions, we are persuaded that he should be
given one more opportunity to demonstrate that the length of time out
of service has produced a desired change in his attitude toward
Company rules governing his conduct and that he be reinstated without back pay.
Reinstatement, however, will be subject to the following conditions:
1. He will be restored to service as a Rank 6 employe and be in a probationary status for a period of one year from
the date of reinstatement.
2. After satisfactorily completing the probationary
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period, as a Rank 6 employee, welder helper seniority will be
restored- to claimant.
It is particularly important for claimant to show
that he can be relied on to work effectively with fellow employes
and supervisors. His dismissal will be upheld if there is any
further misconduct on his part.
AWARD: Claimant reinstated without backpay, but subject
to the conditions prescribed above in Findings.
To be effective within 30 days.
Adopted at Jacksonville, Florida, April 21, 1983.
Harold M. Weston, Chairman
arrier Member Employe Memb r