PUBLIC LAW BUARD N0. 1925
Award No. 30
Case No. 30
Parties Brotherhood of Maintenance of way Employees
to and
uispute aouthern Pacific Transportation Company
-Texas and Louisiana Lines
Statement 1. Carrier violated the effective Agreement when it unfairly and without
of just cause suspended Extra Gang Laborer James Jackson, from October 2U,
Claim: 1976 until November 8, 1976.
2. Claimant be paid for all time lost from October 20, 1976 to
November 8, 19/6 and that this charge be stricken from his record.
Findings: The Board finds, after hearing upon the whole record and all evidence,
that the parties herein are Carrier and Employee within the meaning of the
Railway Labor Act, as amended, that this Board is duly constituted by
Agreement dated Marcn 23, 1977, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of the
hearing held.
Claimant, a Laborer on the San Antonio Division, was suspended from service
by his Division Engineer for 19 days, October 2U to November 8, 1976, for
leaving his job with Extra Gang No. 403 on October 19, 1976 about 11:00 a.m.
The investigation, which Claimant requested, was held on November 4, 1976,
did not cause any change in the discipline imposed. Rule M-810, which
claimant violated, in pertinent part reads:
"Employees must report for duty at the prescribed time and place, remain
at their post of duty and devote themselves exclusively to their duties
during their tour of duty. They must not absent themselves, from their
employment without proper authority ...."
The Board finds that Claimant was given a fair and impartial hearing.
. PEG fqa5
Page 2 Award No. 30
The record, despite conflicting testimony provides support for Carrier's
conclusion. It was not error for carrier, as the trier of facts, to
resolve the conflicts in testimony. Carrier quite properly determined
that the testimony given by its witnesses, which was to the effect that
Claimant had left the property without authority, was the more credible
testimony.
the board finds that the discipline imposed was in the circumstances not
unreasonable. This Claim will be denied.
Award: Claim denied.
A. .(//Cpnninghaomployee Member K. W. Hickman, Carrier Member
~G
~1~.
rtnur T. an Wart, Chairman
and Neutral Member
Issued at Houston, Texas, May 8, 1978.