BEFORE
PUBLIC LAW BOARD NO. 6054
IN THE MATTER OF THE ARBITRATION BETWEEN:
THE NATIONAL RAILROAD PASSENGER )
CORPORATION (AMTRAK) ) AWARD NO. 5
CASE NO. 5
AND )
THE BROTHERHOOD OF MAINTENANCE ) Suspension of
OF WAY EMPLOYES ) Richard Denman
CLAIM:
1. The thirty (30) day suspension assessed Truck Driver Denman
for his alleged violation of Carrier's Standards of Excellence
and Workplace Violence when on December 15, 2000, he allegedly was insubordinate and threatening towards a foreman
was without just and sufficient cause, based on unproven charges
and in violation of the Agreement (Case No. 542.00).
2. As a consequence of the violations referred to in Part (1) above,
Truck Driver Richard Denman shall be compensated for all wage
loss suffered and benefit loss and have his record cleared of the
incident.
FINDINGS:
This Board, upon the whole record and all of the evidence, finds that the parties herein are both
the Carrier and the Employees within the meaning of the Railway Labor Act, as amended; that
this Board is duly constituted by Agreement dated August 5, 1997, and has jurisdiction over the
parties and the subject matter.
Grievant was employed by the Carrier as a Truck Driver. The record shows that, on December
15, 2000, Grievant had an altercation with a Foreman, and threatened him with bodily harm. The
record is somewhat ambiguous as to whether he also "pushed" or merely "touched" the Foreman
in connection with the altercation.
Denman Suspension Page 2
Making threats of bodily harm to Supervisors and/or co-workers is unacceptable behavior, and
deserving of discipline. We find that the Grievant was guilty of such behavior, and that the
discipline was not excessive.
AWARD:
Claim denied.
am Johnson
Neu a Member
R' and Sandier DonaldN. 1~71holoma
Carrier Member EmployeeMember~
Dated: