' Puhlir law Roard No- 3794
PARTIES Brotherhood of Maintenance of Way Employees
DIS7UTE: and '
Seaboard System Railroad
STATEMENT 1. The thirty (30) calendar days of suspension im
CLWTIM: posed upon Trackman I. J. Bellamy for alleged viola
tion of "Rule 18" was without just and sufficient
cause [System File 37-SCL-82-24/12-39 (82-1157) K2].
2_ The claimant's record shall be cleared of the
charge leveled against him and he shall be compensated
for all wage loss suffered.
FINDINGS: Assistant Foreman Presnell observed claimant improperly
handling tie plates
a
the course of his work and
asked him, why he was~placing the tie plates in accord
ance with instructions. It is undisputed that Pres
nell's question and instructions were not unreasonable
but that he used vulgar and insulting language in ad
dressing claimant.
Claimant's testimony is that he then walked towards .
Presnell pointing the wire tool he was using near Presnell's face*and
that Presnelt "knocked the wire away. and that's when I struck him be
fore I know it."
37~7~!
,. ..
There,is no basis for setting aside. the discipline.
Claimant was clearly unjustified in taking matters into his own hands;
his proper course was to refer the matter to his.'Local Chairman for .
orderly processing under the Agreement.
AWARD: Claim denied.
Adopted at Jacksonville, Florida,
1101
341 1985..
aro eston, C a rman
err er
Member
Employee MenIber