PUBLIC LAW HOARD No. 4381: CAM No. 11
SOD OF SCE OF WAY
EIPIDYEES
AND
MMTNGION NCMRERN RAIIROAD MANY
STATt' OF THE QAI
1.
The discipline,
thirty (30) days of suspension,
ia4x)sed upon Mr.
E.E.
Jeffries for ally violation
of Rules 563 and 564 of fine Burlington Northern
Railroad
zany's General and Safety Rules was
unwarranted, excessive and in violation of the
Agreement (System File REC-SP-134/MSIB 86-03-05B) .
2. The Claimant's record shall. be cleared of the charges ..
leveled against him and he shall be caqPn~ted for ' '_
all wage loss suffered including all straight
time
and overtime work performed by Regional Tie Gang No.
7 during his suspension.
FINDnIGS OF THE H
on
the evening of
July
25, 7985, the Claimant, Mr. Edmond E. Jeffries
engaged in verbal confrontations with a number of co-workers,
including
his assistant foreman and foreman. As a result, Mr. Jeffries was
subsequently charged with beirxj insubordinate, gparreLsome, vicious and
with using vulgar language. He was suspended from service for a period
of thirty (30) days.
The Mganization contends, in part, that rte investigation was not held
in conformity with Rule 40c because Mr. Jeffries and his representative
were not given five (5) full. days notice. This contention was not raised
on prcperty at the time of the investigative hearing. This Board, therefore, does not have authority to rule on this contention. Notwithstanding the absence of the full five days notice, the Organization presented
a strong and competent defense against the charges. We conclude from the
record that Mr. Jeffries was provided a fair and
iupaT+iai
investigative
hearing.
Mr. Jeffries did rot initiate the verbal c=ifrnntations, and cthe_rs
shared in the use of strong language. Nevertheless, an apology from the
man that initially insulted Mr. Jeffries did not calm him. Rather, Mr.
Jeffries continued to disrupt the dining czar by challenging other men to
fight in a generalized lashing oat verbally at anyone within range.
Of particular concern to this Hoard was Mr. Jeffries' confrontations with
his assistant foreman and foreman. To both men he was belligerent:.
confrontational and he failed to caaply with their specific and reasonable instructions to leave the dining car. It is evident from the record
LI3el
- 11- P9 z
that the foreman shared some degree of responsibility for the strong
language used between them. Nevertheless, this shared respmssibility
does not extend to the failure of Mr. Jeffries to withdraw
when specif
ically instructed to do so. Mr. Jeffries understood the instructions;
he dose not to
«a3ply.
Upon consideration of the entire record of this case, including testimony
as to the camnon language used by the work., the general level of
heated ex::Iange among the men and the foremans' own use of vulgar
language, wee believe a moderation of the discipline is warranted.
However, Mr. Jeffries, refusal to ccuply with the instructions to leave
the dining car is serious insubordination and warrants a substantial
disciplinary suspension.
The disciplinary suspension stall be reduced from thirty (30) days to
fifteen (15) days. Mr. Jeffri.es shall be paid lost wages for the
fifteen
(15) days period.
Ranald L. Miller
' Chairman and
Neutral
Mamter
Maxine Timberman G. Glover
wrier Member ' Organization Member
l(, S roger
Date