SPECIAL BOARD OF ADJUSTMENT NO. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the Committee that:
1. Carrier violated the effective Agreement
by unfairly dismissing Trackman S. L.
Herrell from Carrier's service as of May 12,
1975.
2. Claimant Herrell shall now be returned to
the position of Trackman on the Illinois
Division with all seniority rights, pass
privileges, vacation rights unimpaired as
well as his restoration of all other rights
and privileges accruing to him, which could
have been his under the provisions of various
Agreements, if he had not been dismissed from
the service of the Carrier on May 12, 1975,
and that he be paid for all time lost that he
has suffered on account of dismissal, claim
to run concurrently until Mr. Herrell is re
turned to service.
FINDINGS: Claimant physically assaulted an Assistant Roadmaster.
This is, generally regarded as misconduct justifying disc
missal. It is contended that such. assault eras provoked by super
visory harassment.
The contract, which establishes and protects employment tenure, contains a procedure for the handling of employe com~
plaints and grievances, so a complaint encompassed thereby cannot
justify a direct physical assault by an employe upon a supervisor.
Hence this claim is not sustainable,
AWARD: Claim denied.
SPECI OARD F PJ STM fNO. 279
Dudle E, i~ting - Ch rman
A. unningha Employe Member Vv._Z.a- Carrier Member
St. Louis, Mo. ')
November 18, 1977
File: 247-5288