BEFORE PUBLIC LAW BOARD NO. 7544
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION - IBT RAIL CONFERENCE
and
SOO LINE RAILROAD COMPANY
Case No. 4
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
1. The discipline (dismissal) imposed upon Mr. R. Sundquist by letter dated
September 18, 2008 in connection with charges that alleged his statement on July
24, 2008 was a failure to comply with Rule GCOR 1.6 Conduct and C.P. Policy
1803, Violence in the Work Place, was arbitrary, capricious, excessive and in
violation of the Agreement (System File D-16-08-520-01/8-00518 CMP).
2. As a consequence of the violation referred to in Part (1) above, Claimant R.
Sundquist shall now receive `. . . reimbursement to service with seniority
unimpaired and for all lost wages, including but not limited to all straight time,
overtime, paid and non-paid allowances and safety incentives, expenses, per
diems, vacation, sick time, health & welfare and dental insurance, and any and all
other benefits to which entitled, but lost as a result of Carrier's arbitrary,
capricious, and excessive discipline in dismissing Claimant from service."'
By notice dated July 31, 2008, the Claimant was directed to attend a formal
hearing and investigation to develop the facts and place responsibility, if any, in
connection with an alleged threat that Claimant made against a fellow employee. The
hearing was conducted, after a postponement, on August 26, 2008. By letter dated
September 18, 2008, the Claimant was informed that as a result of the hearing, he had
been found guilty as charged and was being dismissed from the Carrier's service. The
Organization filed a claim on the Claimant's behalf, challenging the Carrier's decision to
discipline him. The Carrier denied the claim.
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The Carrier contends that the instant claim should be denied in its entirety because
the Claimant was afforded his due process rights, because there were no procedural
violations in the handling of this matter, because the facts developed support a finding of
responsibility, and because the discipline imposed was not unreasonable or excessive.
The Organization contends that the instant claim should be sustained in its entirety
because the Carrier failed to substantiate all of the charges in this matter, because the
Claimant admitted to making the comment in question but the Carrier failed to establish
the context, and because the Carrier's decision to dismiss the Claimant was arbitrary,
capricious, excessive, and in violation of the Agreement.
The parties being unable to resolve their dispute, this matter came before this
Board.
This Board has reviewed the procedural arguments raised by the Organization, and
we find them to be without merit. The Claimant was guaranteed all of his due process
rights throughout the proceeding.
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 making serious threats toward a fellow employee. The Claimant was shown to
have stated to the fellow employee that he would "lock him in his home and burn his
house down." The Claimant admitted that he made that verbal threat.
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
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actions to have been unreasonable, arbitrary, or capricious.
The Claimant's behavior is a very serious violation of Carrier rules. The Carrier
has zero tolerance toward violence in the workplace. 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
:
PE ER R M
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The claim is denied.
-("ARRIER MEMBER
DATED:
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---ORGANIZATION
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