BEFORE PUBLIC LAW BOARD NO. 6043
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION - IBT RAIL CONFERENCE
and
ILLINOIS CENTRAL RAILROAD COMPANY
Case No. 88
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
1. The twenty (20) day suspension imposed upon Track Foreman M. Fulwiley
for violation of USOR General Rules C and T in connection with sleeping
during a safety briefing on November 25, 2009 is based upon unproven
charges, unjust, unwarranted and in violation of the Agreement (System File
A100106JIC-BMWED-2010-00001).
2. As a consequence of the violation referenced in Part 1 above, Mr. Fulwiley
shall be granted the remedy in accordance with Rule 33(i) of the
Agreement."
FINDINGS
:
By notice dated November 25, 2009, the Claimant was directed to attend a formal
investigation and hearing to ascertain the facts and determine his responsibility, if any, in
connection with an incident during which the Claimant allegedly had violated Carrier
rules by sleeping during a safety briefing. The hearing was conducted, after a
postponement, on December 3, 2009. By letter dated December 10, 2009, the Claimant
was notified that as a result of the hearing, he had been found guilty as charged, that he
was being issued a twenty-day suspension. The Organization subsequently filed a claim
on the Claimant's behalf, challenging the Carrier's decision to discipline him. The
Carrier denied the claim.
The Carrier contends that the instant claim should be denied in its entirety because
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AWARD 88
substantial evidence in the record establishes that the Claimant was guilty as charged,
because the Claimant received a fair and impartial investigation, and because the
discipline imposed was warranted. The Organization contends that the instant claim
should be sustained in its entirety because the Claimant improperly was sent home on the
date in question, because the Carrier failed to meet its burden of proving that the
Claimant was sleeping or failed to be alert and attentive during the morning briefing, and
because the discipline imposed was arbitrary, capricious, inappropriate, without merit,
and baseless under the parties' Agreement.
The parties being unable to resolve their dispute, this matter came before this
Board.
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 sleeping during a safety briefing on November 25, 2009. The record reveals
that the Claimant was observed by the track supervisor with his eyes closed in a slouched
position and he was not alert and attentive to his duties during a safety briefing. The
Claimant's actions clearly violated Rule C, which requires an employee to be alert and
attentive when performing his or her duties.
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 its
actions to have been unreasonable, arbitrary, or capricious.
The Claimant in this case was issued a twenty-day suspension for his wrongdoing.
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Given the seriousness of the offense which often can lead to discharge, this Board cannot
find that the Carrier acted unreasonably, arbitrarily, or capriciously when it terminated
the Claimant's employment. Therefore, the claim must be denied.
AWARD:
The claim is denied.
CARRLVR MEMB
DATED:
PETER MEYERS
ral Member
ORGANIZATION MEMBER
DATED:
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