PUBLIC LAW BOARD NO. 3514
Case No. 109 Award No. 108 -
PARTIES Brotherhood ofMaintenance of Way Employes
to -and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of I & R Foreman, T. M. Trupo, to
have a ten-day suspension removed from his record.
FINDINGS: Subsequent to a hearing held on April 25, 1985, the
Carrier found that the Claimant had failed to properly inspect
and/or report certain track defects during the month of
February 1985. -
The Organization vigorously argues that the Claimant was not
afforded a fair hearing and that the Carrier has not met its
burden of proof for the charges.
The Board finds, both on the issue of fairness and the sub
stantive aspects of this dispute, that the claim cannot be
sustained. The evidence adduced at the hearing convincingly
shows that the Claimant did not properly perform his duties. The
discipline assessed, given the serious nature of the offenses,
cannot properly be said to be an abuse of the Carrier's discretion.
AWARD
The claim is denied.
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Carrier Member Neutral Members Employee Member
Dated: