BEFORE SPECIAL BOARD OF ADJUSTMENT 1037
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CSX TRANSPORTATION, INC.
Case No. 35
STATEMENT OF CLAIM: Claim of the Brotherhood:
Dismissal of C. S. Fountain, ID#-168435, effective on June 10, 1994, as
a result of an investigation which was held on May 24, 1994, at the
Baldwin Yard Office, Jacksonville, Florida.
FINDINGS:
On May 16, 1994, the Claimant, C. S. Fountain, was working as an Assistant
Foreman with the T7 Gang in Baldwin Yard, Jacksonville, Florida, putting on anchors on
Track 13. He was observed by Assistant Division Engineer K. Downard standing back
about 40 feet behind the men with his arms folded. Mr. Downard approached the
Claimant and asked him, "What are you doing here, just standing around with your arms
folded?" After a heated exchange between the two men, Mr. Downard ordered the
Claimant off the job site.
On May 20, 1994, the Claimant was charged with allegedly violating Rule 501 in
that he refused to follow
instructions and
used abusive language.
A hearing was held on May 24, 1994. The Claimant was found guilty of the
charges leveled against him and by letter dated June 10, 1994, he was permanently
dismissed from service.
The parties not being able to resolve the issue, this matter comes before this
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CaSs 35
Board.
This Board has reviewed the evidence and testimony in this case and we find that
there is sufficient evidence in the record to support the finding that the Claimant engaged
in a verbal altercation involving some boisterous language on the date in question.
However, this Board cannot find sufficient evidence in the record to support the finding
that the Claimant was insubordinate or refused to follow instructions from his supervisor.
Most of the witnesses had no knowledge of what actually occurred between Mr.
Downard and the Claimant. However, there was some substantiation to the fact that the
Claimant called his supervisor by an obscene name and verbally abused the supervisor.
Consequently, there is sufficient evidence to support a finding that there was a violation
of Rule 501 requiring civil and courteous behavior of all employees in their dealings with
fellow employees. There is not sufficient evidence of insubordination.
Once this Board has determined that there is sufficient evidence to support a guilty
finding, we next tam our attention to the type of discipline imposed. This Board will not
set aside a Carrier's imposition of discipline unless we find its actions to have been
unreasonable, arbitrary, or capricious.
In the case hand, the Claimant is an employee with 20 years seniority although he
has only worked for the Carrier for 13 years since he was on assignment by the
Organization. A review of his personal record indicates the Claimant began work with
the Carrier in May of 1974 and received only one letter of reprimand during the entire
period of his employment. The Carrier in this case has terminated the lengthy
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employment of the Claimant fox what appears to be a minor disagreement and minimal
verbal altercation between the Claimant and his supervisor. There is simply no just cause
for such drastic action and severe discipline to have been taken by the Carrier. The
Carrier's action in terminating the Claimant's employment was unreasonable and
arbitrary. A 10-day suspension would have been sufficient to put the Claimant on notice
that the type of behavior in which he engaged was not acceptable and should not
continue.
Since the dismissal of the Claimant was without just cause, this claim must be
sustained in part. The Claimant shall be reinstated with full benefits and backpay minus
10 days reflecting the 10-day suspension.
AWARD
Claim sustained in part. The dismissal of the Claimant is hereby reduced to a 10day suspension. The Claimant shall be immediately reinstated with all benefits and
backpay minus 10 days.
r
ETER R. E
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Carrier Member ganization Member -
DATED: DATED:
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