Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
DI53UTE: and
Seaboard System Railroad
STATEMENT The dismissal of Trackman Washington Gay was in vi o
CLATM: lotion of the Agreement and he shall be reinstated
with seniority and all other rights unimpaired, his
record cleared and he shall be compensated for all
wage loss suffered.
FINDINGS: Claimant's dismissal stemmed from an incident that
took place at work on September 29, 1982. Claimant
resented remarks his gang foreman, E. J. Robinson,
had made. Whether or not the remarks had been directed
against claimant personally is not controlling; what
ever their nature, and in this instance they do not
appear to be extreme, there was no excuse for claim
ant to threaten Robinson with physical force or to
use force. His proper course, if he felt aggrieved,
was to refer the matter to his Local-Chairman for ap
propriate action under the grievance machinery of the
Agreement.
There is some evidence, however, that claimant did
proceed to threaten Robinson and to strike him. These allegations
are strongly denied by claimant. - .
Carrier's finding that discipline is warranted is
supported by substantial, though controverted evidence. We are not
persuaded, however, that dismissal is appropriate on the basis of this
record. Claimant will be reinstated but without back pay. The lengthy
resulting suspension without compensation will emphasize the importance
of the use by employees of the orderly and peaceful processes of the
Agreement to settle disputes.
It must be entirely clear to all employees that this
Board will uphold strong disciplinary action whenever an employee takes
matters into his own hands and threatens or uses physical force.
AWARD: Claimant reinstated with seniority rights unimpaired
but without back pay. To be effective within 30 days.
Adopted at Jacksonville, Florida,/)I ~- 3-0~ 1985.
aro M. Weston, Chairman
-rr~er em er 'Employee Memb r