SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 349
Case No. 349
File 8706056
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Track Foreman S. N. Olsen was dismissed from the
service.
(2) Claim in behalf of Track Foreman Olsen for eight hours
each work day, including any holidays and overtime,
beginning April 5, 1987, and continuing until he is
reinstated to service with all rights unimpaired.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board.
Claimant Foreman Olsen and fellow employee, Roi
Albright, were charged with entering into an altercation on
April 2, 1987, at approximately 5:30 PM in the vicinity of
Gang 5012 outfit cars located in the Van Buren yard. As a
result of the formal investigation, Claimant was dismissed
from service as discipline therefor. He was returned to
service under an agreement of October 6, 1988 with the right
to progress his time claim. Roi Albright received 60 day
suspension.
There is no question but that Claimant Olsen was the
aggressor. He started the altercation which became more of
a scuffle than anything else.
The discipline assessed was, however, disproportionate.
Discipline is reduced to 120 days and Claimant is to be paid
the difference.
Award: Claim disposed of as per findings.
Order: / Carrier is directed to make this Award effective within
thirty (30 days of date of issuancg shown brilos
. Hammon s, ,Employee Member D. A. Ring, Carri r ember
Arthur . Van Wart, Chairman
and Neutral Member
Issued September 30, 1989.