PUBLIC LAW BOARD NO. 1837
Award No. 115
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK AND WESTERN RAILWAY COMPANY
Statement of Claim-
I .The thirty day suspension assessed Laborer-Truck Driver S. J.
Esposito for his alleged conduct unbecoming an employee was
without just and sufficient cause and in violation of the Agree
ment (Carrier's File MW-FTW-97-1 18).
2. Claimant S. J. Esposito shall now be compensated for all wage
loss suffered as a result of the suspension.
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:
The record is clear that the Claimant was guilty of conduct unbecoming an
employee. There was sufficient evidence that the Claimant entered Carrier property on
-PL'B I8 3
rj-
AWD 115
April 17, 1997, with a non-employee and obtained information and documents that
belonged to the Carrier. The Claimant also participated in making a video record on the
Carrier property without permission.
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 thirty-day suspension issued by the Carrier was unreasonable, arbitrary or
capricious. Therefore, the claim will be denied.
AWARD:
Claim denied.
alry
PET . MEYERS
Neutral ember
D. . artholomay E. N. Jacobs,
I
Organ ation Member Carrier Member
Issued at Chicago, Illinois on June 29, 1998
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