PUBLIC LAW BOARD NO. 3514
Case No. 115 Award No. 115
PARTIES Brotherhood of Maintenance of Way Employes
to -and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal of Welder, R. J. Higgins, to have his
discipline of fifteen (15) days suspension removed from his record
and compensated for lost earnings.
FINDINGS: Subsequent to an investigation, the Carrier determined
that the Claimant had been insubordinate and that he had absented
himself from duty without having obtained prior approval. The
Carrier, in arriving at its measure of discipline, also considered
the Claimant's prior disciplinary record.
The Board acknowledges and is not unmindful of the
organization's strong arguments and its persistent contention
that the Claimant could not be held responsible for the mechanical
problems with his vehicle and the subsequent delay to repairs.
However, even accepting the Organization's arguments in their most
favorable light, we conclude that the Carrier has met its burden
of proof and that the discipline imposed was not an unreasonable
use of Carrier's discretion under the circumstances brought forth
in the record properly before us.
AWARD
The claim is denied.
`'L
/J. Do&j ski Eckehard Muessig
4
LA~.
P. Cassese
arrier er Neutral Member Employee Member
Dated
MAY 2 'T X88