Upon the whole record and all the evidence. the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act. as amended. Further. the Board is duly constituted by Agreement. Haas jurisdiction of the Parties and of the subject matter. and the Parties to this dispute were given due notice of the hearing thereon.
Claimant was scheduled for air Investigation on January 25. 1996. for the alleged act of exhibiting quarrelsome behavior towards a Foreman.
Claimant is a machine operator assigned to work wherever needed within the limits of leis seniority. Ire was not working under the supervision of the Foreman with whoiu lie is charged for being disrespectful. The Foreman asked Claimant what he had done all day. then supplied his own answer by saying "ride around all day."
Claimant at first told the Foreman why lie did not complete his work assigimient that day. then lie responded to the "riding around all day" by saying "whaf.I do is none of your "*''_business." -
Foreman threw his hard bat. and invited Claimant outside several tunes to settle the score. Claimant. as supported by wrtiieSSes, remained seated while the Foreman carried on. Ailer the Foreman letl. Claimant reported this incident.
Both parties were offered identical assessments of discipliiie for participating in the quarrel if they would waive the Investigation. The Foreman accepted. Claimant did not.
Arevieiv of the verbal e~cliauige establishes that the Foreriiart overreacted. The retort Claimant made to the Foreman's inappropriately asked question was just as inappropriate. but clearly the Foreman was the aggressor in this instance. The Board does recognize it "takes two to tango.- but the Foreman's reaction to Clahtiant's response was way out of line.
This Board. after consideration of the dispute identified above. hereby orders that an award favorable to the Claini<vtt(s) be made. Tlie Carrier is ordered to make the Award efective on or before 30 days following the postmark date the Award is transmitted to the parties.