File 910283


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 Trackman V. E. Colbert was assessed a 60-day suspension
 on January 25, 1991.

        (2) Claim on behalf of Mr. Colbert for wages lost while suspended.


        Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board therefor.


        The Claimant Trackman V. E. Colbert, was required to attend a formal investigation, held on January 4, 1991, on the charge:


        "While working as Trackman on Gang 9162 in the vicinity of Arlington, Colorado, you allegedly made threatening remarks to other employees on Gang 9162."


        The Carrier concluded therefrom that Claimant was culpable and imposed a 60 days actual suspension as discipline therefor.


        The Board finds that the Claimants were accorded the due process to which entitled under Rule 12.


        There was sufficient evidence adduced to support Carrier's conclusion of culpability. The Carrier resolved any questions of credibility. No bad faith therein was demonstrated.


          As pointed out in Third Division Award 21299:


        "It is inherent in the work relationship that personnel must conform to certain well-known, commonly accepted standards of reasonable conduct while on the job. Published rules and regulations are not really necessary to inform an employee that misconduct such as fighting or using vulgar language combined with threats may subject him to discipline or discharge... Childish, uncontrollable, or irresponsible outbursts accompanied by physical or verbal assaults cannot be tolerated. Such behavior is not excusable because the

                        -2- Award No. 542


        offender is in an agitated emotional state. When an employee lacks the emotional stability and rationale judgment to restrain themselves from outburst, he also lacks the minimum qualification to be retained as a member of the work force..."


        The imposed discipline of dismissal is found to be reasonable.


Aw d. laim denied.

          -r~·~.


. A. Hamnons, r., Employee Member R. 0. Rock, Carrier Member

                    Arthur T. Van Wart, Chairman and Neutral Member


Issued May 27, 1992.