PUBLIC LAW BOARD NO. 1837
Award No. 113
Parties to Dispute: .
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK AND WESTERN RAILWAY COMPANY
Statement of Claim:
1. The dismissal of Laborer J. M. Enriquez for alleged failure to
comply with instructions of Carrier's Medical Director and
Company Policy by failing to cooperate with the rehabilitation
required by DARS was without just and sufficient cause, based
on unproven charges and in violation of the Agreement (Carrier's
File MW-FTW-97-37).
2. Claimant J. M. Enriquez shall now be reinstated to service with
seniority, vacation, and all other rights unimpaired and compensated
for all wage loss suffered since June 5, 1997 and continuing until he
is reinstated.
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are Carrier and employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement under Public Law 89-456 and
has jurisdiction of the parties and subject matter.
This Award is based on the facts and circumstances of this particular case and
shall not serve as a precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties'
presentations, the Board finds that the claims should be disposed of as follows:
PLB 1837-hwD 03
This Board finds that the Carrier has proven with sufficient evidence that the
Claimant was guilty of failing to, follow company policy and failing to cooperate with the
rehabilitation required by the DABS Program. Claimant failed to participate in the
programs and ignored the efforts of his counselor to contact him for further evaluation
and treatment. Hence, this Board has no trouble finding that the Claimant failed to
cooperate with the rehabilitation program required by DARS.
Once this Board has determined that there is sufficient evidence 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 action to have
been unreasonable, arbitrary, or capricious.
Given the serious wrongdoing on the part of the Claimant, this Board cannot find
that the dismissal issued by the Carrier was unreasonable, arbitrary or capricious.
Therefore, the claim will be denied.
AWARD:
Claim denied.
PE~tR R MEYE
Neutral ember
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D. . artholomay
E.
N. Jacob r.
Orga anon Member Carrier Member
Issued at Chicago, Illinois on June 29, 1998
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