Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
DI37UTE: and
Baltimore and Ohio Railway Company
STATEMENT Claim by Machine Operator Wendell M. Rattey for
CLXTM: reinstatement and compensation for all wages and
benefits lost since November 8, 1978.
FINDINGS: Claimant, a machine operator with three years
seniority, was dismissed for (1) striking a fellow
employe with a club and (2) refusing to follow In
structions to leave Railroad property after that
incident. Carrier's findings are supported by sub
stantial, though controverted, evidence consisting
of testimony by Trackmen Zucco, Johnson and McVaught
as to the first count and by Supervisors Lilley and
Yaros as to the second.
It was not prejudicial error for Carrier to bar
claimant from Company property even if his reason for entering the
property was to obtain the names of witnesses. He as well as his
Organization had orderly means. at their disposal for locating wit
nesses and preparing for trial. Nor is the supervisor's failure to
PLB - 2778 Award No. 22
give claimant a reason for ordering him off the property a ground
for setting aside the dismissal. The proper course was for claimant to comply with instructions immediately and, if he considered
them defective, to test their propriety subsequently through the
grievance machinery of the Agreement.
Dismissal is not excessive discipline in the pre
sent situation. i
AWARD: Claim denied.
Adopted at. Baltimore, Md.,~,~7ZJ 1984.
)n, Chairman
Carrier 1em er Employe Member `