r ,
SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 77
Docket No. NEC-BMWE-SD-2044D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant C. Clayton was employed as a trackman by carrier at its
Philadelphia, Pennsylvania, facility. On January 20, 1988, Claimant
was notified to attend a formal investigation in connection with the
charge:
Violation of the National Railroad Passenger Corporation's Rules of
Conduct, Rule F, reading in part:
1. All employees are required to conduct themselves in a courteous
and professional manner in dealing with the public and other
Amtrak employees. Boisterous conduct or horseplay and profane
or vulgar language are prohibited.
2. Employees will not assault, threaten, harass, intimidate, fight
or participate in any activity which could cause bodily injury
to other employees or members of the public while on duty . . .
Specification: In that on January 18, 1988 at approximately 11:45
P.M., and again at approximately 4:45 A.M., you allegedly were in
the Wawa Convenience Store at 1409 Market Street in Linwood,
Pennsylvania and behaved in a disorderly manner by directing
profane and vulgar language at the Gang Foreman and the store
clerk. Also, at the same time you allegedly threatened to cause
bodily harm to your gang foreman and other members of the gang.
The hearing took place on January 27, 1988, and as a result, Claimant
was dismissed from service. The organization thereafter filed a claim
on Claimant's behalf, challenging his dismissal.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of engaging in boisterous
conduct and profane and vulgar language, as well as threats directed
toward his foreman and other members of his gang. The Claimant
1
r
admittedly told another Carrier employee that he was going to "cut
your heart out." That behavior is clearly a violation of Rule F.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. This Board will not set
aside a Carrier's imposition of discipline unless we find the action
of the Carrier to be unreasonable, arbitrary, or capricious. Given
the nature of the offense and the fact that this Claimant has been
suspended twice for violations of a similar nature, this Board cannot
find that the action taken by the carrier was wrongful. Therefore,
the claim must be denied.
Award:
Claim denied.
i
Neutral Member
Aok
Car r er embe , ganization Member
Date:
2