Barchers v. Missouri Pacific Railroad

PUDLOWSKI, Judge.

Defendant-appellant, Missouri Pacific Railroad Company, appeals from a judgment for plaintiff-respondent, Elvin E. Barchers, on his claim for libel. The jury awarded $320 actual and $16,275 punitive damages. We reverse.

Respondent, an employee of appellant, was discovered by his supervisors sleeping on the job on September 23, 1974. The charge of “sleeping on the job” was investigated pursuant to an agreement between appellant and respondent’s union, the United Transportation Union. Subsequently, respondent was discharged.

Thereupon, the union appealed the decision to terminate…