PUBLIC LAW BOARD N0. 2774
Award No. 40
Case No. 49
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the dismissals of Middle Division Trackman H.C. Young,
OF CLAIM April 30, 1981 and May 12, 1981 after two formal investiga
tions April 24, 1981 were unjust and excessive.
2. That Claimant H.C: Young be reinstated to service with
seniority, vacation all benefit rights unimpaired, pay for
wage loss and/or otherwise made whole.
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act, as amended,.and
that this Board is duly constituted under Public Law 89-456 and has jurisdiction of
the parties and the subject matter.
Claimant herein, following investigation, was removed from service for engaging in
and entering into. an-altercation with a fellow employee and in addition, being
quarrelsome and "vicious" towards three Carrier officials on April 8, 1981.
The transcript of the investigation reveals that on April 8, 1981 Claimant entered
into a fight with a fellow employee. Even though the record is unclear as to who
threw the first blow, it is quite clear that both employees were violent and
furthermore, Claimant had ariicepick in his hand when he invited the other employee
to finish the fight after they had been separated. Furthermore, it is also clear
that Claimant was quarrelsome and hostile, at minimum, to various Carrier officers
after being taken to the hospital for treatment of the injuries he received in the
course of the earlier altercation.
Dismissal for engaging in fights has long been held to be appropriate in this indus-
2
try as well as in other industries throughout the country. Furthermore, in this
instance, Claimant had engaged in similar conduct just prior to the incident involved
in the critical period under investigation in this matter. Hence, his action in
engaging in a fight was neither new nor warranted under any circumstances particularly in view of his past record which is far from exemplary. The Carrier. was eminently
justified,based on the conclusion which was unquestionable that he engaged
in a fight=to dismiss him. Hence the claim must be denied.
AWARD
Claim denied.
.M. Lieberman, Neutra - ha rman
r_L l.~
L LL(
.M. aP n, Carrier toe ber ` S.£. emh~
ins,
Em' oy~T ee~fi~m.ber
December 31 , 1982
Chicago, IL