PUBLIC LAW BOARD NO. 3845
PARTIES TO THE DISPUTE
Brotherhood of Maintenance of )
Way Employees )
and ) Case No. 3
Award No. 3
Norfolk and Western Railway . )
Company (Lake Region) )
STATEMENT OF CLAIM
"Claim of the System Committee of the Brotherhood that:
(1) The fifteen (15) day suspension assessed
Roosevelt Boyd for alleged altercation
was without just and. sufficient cause.
[Organization File: MW-CGO-76-9].
(2) The claimant's record shall now be cleared
of all charges and he shall be compensated
for all wage loss suffered".
OPINION OF THE BOARD
On August 23, 1976, Claimant's supervisor, Foreman J.
Johnson, reported that he had been physically assaulted by
Claimant. Division Engineer Gonzalez drove to the scene of
the alleged assault at the section tool house in Hobart, Indiana,
and, after conversing with all present, removed Claimant from
service pending an investigation. The investigation was held
PLB #3845 Awd. #3
on October 26, 1976 after which Claimant was assessed 15 days
actual suspension.
The testimony of Division Engineer Gonzalez corroborated
Foreman Johnson's version of the altercation.
Q. Mr. Gonzalez, during the.course of your
investigation, did you notice any physical
markings or broken glasses or torn clothing
on Mr. Johnson?
A. Mr. Johnson's lip at the corner was slightly
open. He proceeded to show me his glasses,
that one arm was bent out of shape, and
then he opened the jacket he was wearing
and showed me the shirt pocket, which
was torn off.
There is substantial credible evidence in the record
that Claimant attacked his supervisor. The hearing in this
matter was both fair and impartial and the requirements of
due process were observed. A fifteen day suspension is neither
unreasonable nor excessive discipline under the circumstances
of this case.
AWARD
Claim denied.
E.T H bert, Neutra Member
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S.C. Lyons, Ca~r'.er Member H.G. Harper,' Employe Member
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