PUBLIC LAW BOARD NO. 2444
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Southern Pacific Transportation Canpamj
(Texas and
Iouisiana Lines
Statement Claim of BME and Laborer Driver C. D. Baker for all pay
of last during period of September 5, 1980 through September
Claim 21, 1980 alleging unjustly suspended on September 5, 1980.
Findings The Board, after hearing upon the whole record and all
evidence, finds 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 July 19, 1979, that it has
jurisdiction of the parties and the subject mattes, and that the parties
were given due notice of the hearing held.
Claimant, a Laborer - Driver was advised September 5, 1980:
"Your absent fen your jab assignment without proper
authority on September 4, 1980 which is in violation
of R<lle
M810... which reads in part:
'Rule
M810. Employees must report for duty at the prescribed
time and place..They must not absent themselves
fran
their
employment without proper authority...
You are suspended from September 5 through September 21,
1980."
Claimant requested and was granted an investigation which was
held
September 24, 1980.
The
conclusion reached therefrom was that the
discipline was upheld.
Page 2
~yvq
--Award No. 45
The evidence adduced -supported Carrier's conclusions as to
Claimant's culpability. Claimant's allegations apparently lacked
credibility. We find that Carrier's conclusion were not arbitrarily or
capriciously reached.
The incident for which discipline was assessed was Claimant's third
violation of rule b1810. Hence, in such circumstances, the discipline
assessed is held to be reasonable.
ATE: Claim denied.
M.
A:
Christie, E~rployee rleftiber-_C. B. Goyne, ier Member
~7i
Arthur T. Van Y7art, Chairman
and Neutral Member
Issued at rahmuth, Massachusetts, June 10, 1982