PUBLIC LAW BOARD NO. 2778
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEE
-and-
BALTIMORE AND OHIO RAILROAD COMPANY
Statement of Claim:
Carpenter J. E. Coyan be compensated for loss of
thirty (30) days including overtime and records of Carpenter
J. E. Coyan and Carpenter Foreman Jewell be expunged of all
charges.
Findings:
Foreman Jewell ordered claimant Coyan, as well as
two other employes, to stop drinking beer in a camp car located on Carrier property. According to Mr. Jewell, he
told them to quit drinking because they were becoming
PLB-2778
Awd. No. 4
Cases Nos. 9&10
2.
intoxicated and he thought that there might be trouble. He
left the car when it appeared that a confrontation might result between Mr. Coyan and him. He had addressed his remarks
to Mr. Coyan since, in his opinion, Mr. Coyan was the most
boisterous of the men.
Claimant Coyan followed Foreman Jewell out of the
car. Fearful of assault, claimant took out his pocket knife
and threatened to cut Mr. Coyan if he came closer. After
an exchange of words, Mr. Coyan hit claimant in the mouth.
Mr. Coyan's testimony does not differ substantially
from Foreman Jewell's testimony in material respects. One
of the employes present_at the time, Mr. Bryant, testified that
Mr. Coyan was boisterous and provocative and "got mad" when Mr.
Jewell told them to stop drinking. Mr. Clary, also in the
car at the time, testified that he had a feeling that "there
might be trouble that evening" from Coyan's "tone of voice."
While the Foreman's production of a knife at a
sensitive moment gives rise to some concern as to the
quality of his judgment, we are satisfied that Carrier's
findings are based on substantial credible evidence and
that no persuasive reason exists for substituting our judgment
for that of Carrier in this matter. The incident flowed
from reasonable instructions given by a foreman in the course
of his regular duties in ·the interest of protecting his men
PLB-2778
Awd. No. 4
Cases Nos. 9&10
3.
and safeguarding Carrier's property.
AWARD:
Claim denied
Adopted at Baltimore, Md.)
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1!pq.
H d7.d M. Wtston, Chairman
Carrier Member -Employe.Member