BROTHERHOOD OF'MAINTENANCE OF WAY EMPLOYEES .....
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 CONSOLIDATED RAIL CORPORATION .: '

 DOCKET NO. 405 .... .: .. :.`~ -, ::. - _: : :~ .

 STATEMENT OF CLAIM:-










OPINION OF BOARD:

discharge for the following charges:






Shop Engineer at 3:45 PM on September 28, 1978 and
 - at 4:10 PM on September 28, 1978.










PLB 2420 -3- AWARD NO. 7
2. Testimony was given by Shop Engineer Bucceri that on September 28, 1978 at approximately 8:3Q AM he witnessed forty to fifty strikers and picketers at the main entrance of the Shop, Claimant among them.. His further testimony is that he issued an order to these individuals to return to work. None obeyed.
 Claimant stated at the hearing that he neither saw nor heard Mr. Bucceri at that time.
 3. Assistant Equipment Engineer R.P: Muir testified that
 he too was. at the main entrance site about 8=30 AM on September 28,>
 1978,together with Mr., Bucceri and Mr.. Reedy, and heard, Mr. Succeri
 make the statement. to the~group, including Claimant, testified to
 by Mr. Bucceri.. He described Claimant as having been positioned
 "iri with. the group". - . , -
 4`. Shop Engineer R.- Campitella testified that at 3:45 PM on September 28, 1978 he was at the main entrance to the MW Shop at Canton where,he read an order to a group of strikers and picketers, congregated there that they were directed to report for duty; if they did note disciplinary action would be taken. ~ Mr. Campitella identified.Claimant as one of the group. The orders read by Campitella were not obeyed.
 Mr. Campitella·s further testimony is that at 4:10 PM he returned to the same site and again saw Claimant Martin in the picketing group, He then proceeded to write down the names of those present. His testimony goes on to state that Claimant came up to him,. expressed objection to Campitella·s taking down the names, then "bumped" him with his left shoulder against Campitella·s right side three or four times, causing the latter to move away
 PLD 2420 -4- AWARD rrO. 7

 in order to avoid further assaultive impact from Claimant. The latter then followed Campitelia and addressed a series of extremely rude obscenities to him while telling him that "it would be better for him to go back to the Shop". According to Mr. Campitella, Claimant thereafter kept summoning him back with a hand motion while statings "Come on. Come on back here. we will settle this right now". He further quotes Claimant as telling him, "I know
 ,where you live.. I have been past your place.. We will get you
 for this'"..
 -- 5.. The foregoing testimony of Mr.. Cam-Pitella was essentially corroborated by-Assistant-Equipment Engineer L. Dubois, who testified that he was present and witnessed these occurrences and statements, whiles assisting campitella in. writing down the names,,
 6. In his testimony,;. Claimant denied cursing or bumping Campiteila or threatening him. .
 7,. Testimony was given by S.A, Risaliti, a Canton Shop employee, striker and officer of Local 3050 at the time, that he was present at the place and time referred to by Messrs.. Campitella and.Dubois and did not witness Campitelia "threatened, assaulted or intimidated at that. time" by Martin.
 As described by Risaliti, Messrs. Campitella and Dubois approached the group and started writing down the names of those present. there. They were thereupon approached by Claimant and Risaliti who asked Campitella "what he was doing there" off Company property. They then had "another few words "with each other and Claimant "got a little hot" with Campitella but did not threaten him with bodily harm. Claimant did not touch Campitella. Mr. Risaliti
 PLB 2420 _. -5= AWARD NO. 7

 further states that he,, himself, ordered Mr. Campitellato "please leave city property-$ to stop "intimidating" the men.
 8. Gene Koahr a welder in the Canton Shop and a striker cn.September 28 and 29,1978,. testified that he was among those standing at the Division Road'entrance~at about 4sl0 PM and did n.)t see Claimant attack, threaten or attempt to intimidate Mr.. Campitella.
 -.9.: Claimant testified that he did not appear at his workplace at his scheduled starting time on September 29,. 1978 because
 "there was a disturbance on the hill a. group of people up. there
 and..there was a,sigix stating-that they- were *On strike-in sympathy

 of N S~ W.*M . _ - .. -- . ,. . .
 He-acknowledged that he had-had a conversation with Mr. Campitella at 4r1a PM-on September-28p but stated that he never raised his voice during' that conversation or threatened him or made any physical contact with him..
 F:e further stated that he did. not go in to work because "I just didn't want to jeopardize my job and my family to go through any picket line"..
 The Board concludes that Carrier acted on substantial and valid grounds of proof and legitimate managerial disciplinary standards is finding the Claimant guilty in degree and kind justifying the imposition of the discharge penalty.

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