Public Law Board. No. 2363
PARTIES Brotherhood of Maintenance of Way Employe.es
TO
DISPUTE: and
Seaboard System Railroad
<L & N RR)
STATEMENT Claim by Track Foreman C. D. Scott that his sus
OF
CLAIM: pension from June 28 to~July 19, 1982 be set
aside and removed from his record and that he be
compensated for all lost time. °
FINDINGS: - Claimant's 15-day suspension was based on Car
rier's findings, after a hearing had been held
in the matter, that claimant had not'complied
with Roadmaster H. A. Jones' verbal instructions.
Carrier's findings are supported by Roadmaster
Jones' testimony. He testified that he had instructed claimant to
remove tie butts from the approaches to several bridges, near Ever
green, Alabama, and to "fill in with ballast and fix a good run
off." Mr. Jones testified further that claimant failed to remove
the tie butts and operations were delayed. Claimant was serving
as an extra gang foreman at the time under Mr. Jones' supervision.
Mr. Jones' testimony was corroborated in essential
respects by the testimony of Track Repairman Killan. While con-
2 _
:1~h~_ rawp '
troverted, it constitutes credible and substantial proof sufficient
to support Carrier's findings and decision to, suspend claimant.
The record discloses no prejudicial error.
AWARD: Claim denied.
Adopted at Jacksonville, Florida,~,arfJ~
C~
1984.
Haroqd`N. Westo , Chairman
Employe Member
e:.