SPECIAL BOARD OF ADJUSTMENT NO. 280

Award No. 133

' Case No. 213
PARTIES TO DISPUTE:
St. Louis - Southwestern Railway
and

Brotherhood of Maintenance of Way Employees

STATEMENT OF CLAIM:

"I. Carrier violated the Maintenance of Way

Agreement, especially but not limited to Rule

6 - Discipline and Grievances, when it failed

to assist Laborer Jimmie Lee Douglas to

recover his property causing him to take matters

into his own hands., causing his dismissal.

"II. Laborer Jimmie Lee Douglas be reinstated with pay for all time lost, with vacation pay, and with seniority and all other rights unimpaired, beginning on the day of his dismissal, March 12, 1976."

FINDINGS:
Claimant was dismissed from Carrier's service for entering into an altercation and assaulting an Assistant Foreman in violation of Rule N of the Uniform Code of Safety Rules and General Regulation Rule No. M-801.
The evidence of record shows that Claimant and the Assistant Foreman got into an argument as to who owned a certain rain slicker top. Soon after Claimant, in the presence of five witnesses, struck the Assistant Foreman in the head with a pick causing serious injury.
After a careful review of this record, the Board is satisfied that Carrier's action was proper and not arbitrary or capricious. There is no place in the railroad industry for resort to violent self-help that results in injury to a fellow
Award No. 133

S(34 ?-so

worker. It cannot be tolerated.

AWARD

Claim denied.

Ifeu(5al Member

Carrie Member

Date:

Organization Member