SPECIAL BOARD OF ADJUSTMENT NC?. 104

AWARD NO. 105

Parties to Dispute:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

AND

NORFOLK SOUTHERN RAILWAY COMPANY

Statement of Claim:

Claim on behalf of R. B. Beebe for reinstatement with seniority, vacation and all other rights unimpaired and pay for all time last as a result of his dismissal from service following a formal investigation on February 7, 2001, far conduct unbecoming an employee when he made threatening remarks to Foreman Burros on January 22, 2001.

(Carrier File MW-DEAR-01-03-BB-012)

Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law $9-456 and has jurisdiction of the parties and subject matter.

This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.

AWARD

After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:

Carrier proved by substantial evidence that, on January 22, 2001, Claimant made threatening remarks to a B & B Foreman. Such misconduct is extremely serious. However, considering all of the circumstances, including Claimant's length of service, which dates from 1974, we find that the penalty of discharge is excessive. Claimant shall be reinstated to service with seniority unimpaired but without compensation for time held out of service. Claimant's reinstatement shall be conditioned on his passing any reasonable medical exam that Carrier may require, including a psychological evaluation.

M. H. Malin

Chairman and Neutral Member

7r-

R. A. Lau D. L. Kerby
Organization Member Carrier Member
Issued at Chicago, Illinois on September 19, 2001