PARTIES TO THE DISPUTE
Brotherhood of Maintenance of )
Way Employees )
and ) Case No. 4
Award No. 4
Norfolk and Western Railway )
Company (Lake Region) )
STATEMENT OF CLAIM
"Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman Roosevelt Boyd
for alleged altercation and conduct unbecoming to employees was without just and
sufficient cause. COrganization File:
MW-CGO-76-9].
(2) Claimant Roosevelt Boyd shall be reinstated
with seniority and all other rights unimpaired and he shall be compensated for
all wage loss suffered".
OPINION OF THE BOARD
Claimant was a Track Laborer in charge of tamping on
the westbound main track at Calumet Yard in Chicago, Illinois
on June 14, 1979 when an altercation took place between him
and another employee, M. Casanova, who was a crane operator.
Carrier conducted its investigation of this incident
on June 21, 1979 and sent formal notices to both Claimant
PLB #3845 Awd. #4
and Mr. Casanova advising them that the investigation would
seek to determine responsibility in connection with the altercation "...and conduct unbecoming to employees."
As a result of the investigation, Claimant was dismissed
from service with Carrier but Mr. Casanova received no discipline.
Claimant testified that Mr. Casanova's refusal to move
his crane that day was preventing completion of Claimant's
tamping duties. While the hearing transcript confirms that
some provocation for the assault on Mr. Casanova may have
existed, the fact remains that it was Casanova, not Claimant,
who required medical treatment for the injuries he sustained
and that two other witnesses testified that Claimant struck
Casanova, whereas Claimant's testimony was that they had merely
shoved each other.
Substantial evidence of Claimant's guilt was presented
at the hearing which was conducted with fairness and impartiality
and in accordance with the requirements of due process.
This Board cannot say that the discipline imposed was
excessive, arbitrary, unreasonable or unwarranted. Claimant's
resort to violence as a means of alleviating the frustration
of circumstances cannot be countenanced. His dismissal is
justifiable, particularly in light of his earlier fifteen
day suspension for assaulting his supervisor.
In view of the foregoing, it is unnecessary to deal with
Carrier's charge that the claim was not timely handled.
PLB #3845 Awda 1#4
AWARD
Claim denied.
E.P .beet,
'~Zifwzl
Neutra Member
.C. Lyons, Car ~ r Member H.G. Harper, e;mp.Loye Member
~~2s;
i9~s-
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