Award No. 8 Case No. 8

PUBLIC LAW BOARD NO. 5696

PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

Burlington Northern Railroad Company

AND

Brotherhood of Maintenance of Way Employes

Claim of the System Committee of the Brotherhood that:



(2) As a consequence of the Carrier's violation referred







GENERAL CHk!i"

FRISK'

ti,;l .1 'Y - 119




FINDINGS ___ _

Upon the whole record the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.


This is the companion case to that discussed in Award No. 7 of this Board. The Claimant here was the other protagonist in the altercation which was described in the prior discussion.- The investigation of this matter clearly reveals that Claimant was one of the two participants in a serious altercation starting with verbal comments and ending with physical violence on the part of both participants on the date in question. There can be no doubt but that both participants must share responsibility for the altercation. The fact that it was offduty at a Company-provided lodging is immaterial under the circumstances. It was clearly on Company property and was between two members of the same crew who, at the time, were off-duty. The Company was correct in the discipline assessed and the claim must be denied, since such conduct on the part of employees is intolerable.

s

AWARD__ _ Claim denied.

I. M. Lieberman, Neutral-Chairman

Stamford, Connecticut
6XI r. 1995