PUBLIC LAW BOARD N0. 2774
Award No. 66
Case No. 102
PARTIES Brotherhood of Maintenance of Way Employees
and
DISPUTE Atchison, Topeka and Santa Fe Railway Company
STATEMENT "1. That the dismissal of Trackman/Truck Driver D. P. .
_CLAIM Fierro, was without just and sufficient cause based on
unproven charges. Said action being an abuse of discre
tion and excessive.
2. That claimant now be returned to his former position with
compensation for all wage loss suffered and seniority and
all other rights restored unimpaired and that all charges
be expunged from his record."
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.
Following an, investigation held on September 13, 1982, claimant was found guilty
of the charges against him and was dismissed from service. He had been charged
with responsibility for being abusive, indifferent to duty, argumentative and
then absenting himself from duty without proper authority on August 30, 1982.
A review of the transcript of the proceedings in which the charges were investigated reveals that on August 30, 1982, claimant, after experiencing some
difficulties with his personal vehicle and having been sent back with a supervisor to secure his hard hat, went to work as usual. Some time later that day
he got into an altercation with his supervisors with respect to his safety
glasses which had been left behind. The assistant supervisor testified that he
offered him, that is claimant, his safety glasses and the offer was refused.
After an abusive exchange between the claimant and the supervisors, claimant
walked off the job. Thus, these facts in themselves justify Carrier's decision
that claimant was indeed guilty of the charges indicated.
PLB No. 2774 - 2 - Award No. 66
Case No. 102
Prior to the incidents involved in this dispute, claimant had been employed
by Carrier for approximately seven years. In the course of his employment
he had developed a rather extensive disciplinary record, including one prior
dismissal and a reinstatement on a leniency basis. In view of the seriousness
of the incident indicated, particularly with regard-to claimant having left
his work without permission, this Board believes that the dismissal was justified. In any event, it is not within the province of this Bcard to secondguess Carrier in its determination of the penalty unless such determination was
clearly discriminatory or an abuse of discretion. In this instance, the guilt
was established, the discipline was appropriate and thus th- claim must be
denied.
AWARD
Claim denied.
i y , ';,i
ALL L ~.
. M. Liebertnan, Neutral-Chairman
C. F. Foose, Employee Member. Garmon, C rrier Member
Chicago, Illinois
July Z3,
1984