Public Law Board No. 4161
Parties to Dispute -
Brotherhood of Maintenance of )
Way Employees ) Case No. 3
vs ) Award No. 3
Burlington Northern Railroad )
STATEMENT OF CLAIM
1. The dismissal of Section Laborer R. Frank, for
alleged violation of BN Safety Rules 661 and
664 and BN Maintenance of Way Rules 701 (A) and
701 (B) was excessive and without just and sufficient
cause.
2. The Claimant shall be reinstated with seniority and all -
other benefits unimpaired, his record cleared of the -
charges leveled against him and he shall be compensated -
for all wage loss'suffered.
FINDINGS
The Claimant was notified to attend an investigation by notice
dated June 10, 1981. He was accused of participating in an altercation with another employee at approximately 7:50 AM on June 10,
1981 at the Carrier's West Seattle facilities. After the investigation was held as scheduled on June 17,1981 the Claimant was advised
that he had been found guilty as charged and he was discharged from
service. This discipline was appealed on property by the Organization up to and including the highest Carrier designated to hear such
before this case was docketed before this Public Law Board for final
adjudication.
A review of the record shows that the Claimant was involved
in an altercation with another employee, Laborer J. A. Hernandez
on the day and hour in question. This is admitted by both principals
to the dispute. From the evidence of record the altercation started
when the two employees engaged in a spitting match which was
Public Law Board No. 4161 (Award No. 3; Case No. 3)
started by the Claimant. Five witnesses at the investigation
testified that after the disagreement between the two parties reached
a certain point the Claimant drew a switchblade knife which he
apparently intended to use against his follow employee.
Threatening a fellow employee with a weapon has been judged
to be a dischargeable offense by other arbitral forums (See Public -
Law Board 2206, Awards 32 and 39) and there is insufficient evidence
in the instant record to warrant the
conclusion
that this Board
should diverge from such precedent. Further, the Claimant had been
disciplined before on this property for a similar incident and such
past work history can serve as reasonable criterion for the quantum
of discipline which results in discharge (Third Division 21043, 22320,
23508). On merits the instant claim cannot be sustained.
q I
(P
I - 3
AWARD
Claim denied.
ward L. Suntru eutra Mem er
B ~W. otter, arrier Mem er,
Kar . Rriutsen, Employee Member