PARTIES: Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: National Railroad Passenger Corporation (AMTRAK) -
 Northeast Corridor



FINDINGS:
 On November 24, 1991, the Claimant, J. Williams, and his supervisor, R. Maine, became involved in an argument. The Claimant felt that Mr. Maine was acting in an intimidating and condescending way by approaching him in a loud and obnoxious manner. The Claimant told Mr. Maine that he was drunk because the Claimant could smell alcohol on Mr. Maine's breath and felt that Mr. Maine should take a breathalizer test. The Claimant was removed from service for two weeks.
 On March 6, 1992, a formal hearing was conducted to establish whether the Claimant was guilty of allegedly violating Rule D - Employee Conduct. It was determined that the Claimant was guilty as charged and he was assessed the discipline of a 3day suspension. The Claimant was paid for the other days"that he was out of service. This reduced discipline was later~further reduced to a letter of reprimand that would be expunged from the Claimant's record after one year if no similar incidents

. qgcC,- rss


occurred.
 The organization filed the instant claim on behalf of the Claimant contending that the Claimant was provoked to respond in the manner he did. The Organization also contends that Mr. Maine provoked the Claimant because the Claimant is Black and Mr. Maine is white.
 The parties being unable to resolve the issues, this matter came before this Board.
 This Board has reviewed the evidence and testimony in this case and we find that the Carrier has simply not met its burden of proof that the Claimant was in violation of any rules justifying any discipline whatsoever. Therefore, the claim must be sustained.
 A thorough review of the record makes it clear that any wrongful demeanor on the part of the Claimant was completely provoked by the actions of his supervisor. The Carrier's case, at best, is simply one of a Claimant who became loud and boisterous during a verbal confrontation with his supervisor. However, a thorough review of the record makes it clear that the Claimant was approached in a very unprofessional manner by supervision. Although the Claimant's actions may not have been totally justified, there is simply no basis in this record to assess any discipline whatsoever to the Claimant. Therefore, the claim must be sustained. AWARD

Claim sustained. The reprimand that was issued to the

2



Claimant shall be removed from his previously unblemished 15-year

 service record.
                              i


                      J

                      ` Neu al Me ber


Carrier Member Or ization Member

 Date: 9- a 7 - S3-

 3