Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
The Chesapeake and Ohio Railway
Company
STATEMENT 1. Carrier acted arbitrarily and without regard
OF
CIA DI: to mitigating circumstances
in
assessing discipline
of l0. days suspension to.claimant Harold I. Waltz~rs.
2. Claimant Harold I. Walters be compensated for
all monetary losses suffered
on
account of the ex
cessive And unjustified discipline and that his
record be cleared of any account relative to this
incident.
FINDINGS: Claimant was assessed a ten-day suspension for using.
profane and vulgar language to Supervisor Petty.
The evidence clearly supports Carrier's findings
that claimant directed such language at Mr. Petty
while Mr. Petty was talking to him about o. corplainr
from Foreman
Garland
regsrdin=;
clainant's cond,ict.
2
Awd. /#11 - 2630
while at work on the ptevious day: In -the course of the conversation with Mr. Petty, claimant used the same obscene language
in referring to Foreman Garland.
Contrary to Petitioner's contention, we find no
provocation or statement on the Supervisor's part that was reasonably responsible for claimant's use of intemperate language.
Members of Carrier's supervisory staff should not have to put up
with such misconduct and the ten-day suspension in dispute is
plainly warranted.
The notice of charges was reasonably clear and no
procedural defect is disclosed by the record.
AWARD:
Carrier Memb~
Claim denied.
Adopted at Baltimore, Maryland,~u~
~s~
1981.
Harbld"M. Weston, C~airmaa`
Employe Member
~2(p3O - //