PUBLIC LAW BOARD No. 4381: CASE No. 36
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
v.
BURLINGTON NORTHERN RAILROAD
STATEMENT OF CLAIM
1. The thirty (30) days of suspension imposed upon Group 5 Machine Operator
G. Slack far alleged violation of Rule 563 was unwarranted, without
just and sufficient cause and an abuse of the Carrier's discretion
(System File REG-SP-118C).
2. Vice President-General Manager W. W. Francis failed to disallow the
claim (appealed to him under date of July 19, 1984) as contractually
stipulated within Rule 42.
3. The Claimant's record shall be cleared of the charge leveled against
him and he shall be compensated for all wage loss suffered.
FINDINGS
That Mr. George Slack, the Claimant, participated in a fist fight on
Carrier property is not in dispute. The record is also clear that the
other person
initiated the
fight over a period of time by using racial
epithets. It is also evident from the record that the other person did
not break away from the confrontation, but rather followed Mr. Slack
in a provocative and abusive
manner. Eventually,
Mr. Slack could not
continue to endure the insults, and the fight occurred. It should also
be noted that it was Mr. Slack who brought the fight to his supervisor's
attention the next day.
Given that Mr. Slack was the recipient of unprovoked aggression and
racial abuse,
and that
he attempted to remove himself from the situation,
the thirty (30) days of suspension is excessive and unreasonable discipline.
In place of the suspension, Mr. Slack is to be issued a written reprimand
for
fighting on
Carrier property.
AWARD
The thirty (30) day
suspension shall
be removed from Mr. Slack's record
and he shall be compensated for all wages lost. Mr. Slack shall be issued
a written reprimand for fighting on Carrier property.
Ronald L. Miller
Chairman and Neutral Member
Maxine M. Timberman Carl P. Cn sen
Carrier Member Organization Member
Date