Public Law
Board
No'. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Seaboard System Railroad, formerly L & N
STATEMENT 1. The dismissal of Steve Quick, Track Repairman,
' OF
CLAIM: was without just and sufficient cause and was
excessive.
2. Claimant shall be restored to service with all
rights unimpaired and compensated for all wage
loss.
FINDINGS: On the morning of July 24, 1984, claimant did not
answer when Trackman Spalding called the roll of
the large rail laying gang. Spalding was duly
assigned '-to perform that function. When Super
' visor Williams as well as Spalding and another em
ployee, Woodward, reached the Camp car where
Spalding had awakened claimant 30 minutes earlier,
they found claimant sitting on the edge of 'the bed.
Williams asked why he was absent for roll call and
he replied "So what?"
Supervisor Williams informed claimant that he be
lieved that he was under the influence of alcohol
or drugs, and requested him to take an examination
by the Camp doctor. Claimant declined to do so.
2
~3~3-Two
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Williams then told claimant that he was taking
him out of service. According to Williams and
Spalding, claimant said to Williams, "I'll take
care of you, Big Boy, as soon as you come home
to South Carolina."
Woodward's testimony was substantially the same.
Claimant did not appear at the hearing that was
subsequently held in the matter. He was dismissed
from Carrier's service.
No basis is perceived for setting aside claimant's
dismissal. It is an extremely serious offense, one that merits
dismissal, for any employee to threaten a supervisor who is discharging his duties. Viewed in its entirety, this record is sufficient to support Carrier's decision to dismiss claimant.
AWARD: Claim denied.
Adopted at Jacksonville, Florida 1985.
Ha ld M. West n, Chairman
Carrier Member Employee Meffiber