PUBLIC LAW BOARD - NO. 3514
Case 56 Award 56
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That B&B Mechanic D. Henriques was unjustly
suspended for 20 days, that the suspension be stricken from his
record, and that he be compensated for all time lost.
FINDINGS: In this dispute, the Claimant was charged with a list
of offenses (well detailed in the record), including failure to
report to his work location promptly, failure to follow instructions,
insubordination and use of intoxicants while on duty January 15, 1982.
Subsequent to an investigation held on January 22, 1982, he was
found guilty of the charges and the discipline cited above was
assessed.
The Claimant, on January 15, 1982, was part of a crew assigned
to install walking planking on a bridge. However, the description
of events used by the Carrier to make its case with respect to the
Claimant, is not supported by the evidence adduced at the hearing.
Essentially, the Carrier has speculated as to the Claimant's role
and responsibility for events which it considered to be in violation
of its rules.
While it is true that the Claimant was a member of the crew
that was involved in the events under dispute, he was never
PLB No. 3514 C-56 A-56
Page 2
identified with respect to the circumstances surrounding the
alleged purchase of alcohol. Moreover, the Foreman was in
charge of the crew and the significant movements of the crew
were undertaken on his authority. Accordingly, the Carrier's
discipline with respect to the Claimant is not reasonable under
the evidence presented in the record, and is set aside.
AWARD
The claim is sustained.
F.!/J. Domz ,Oki
~rrier M er
APR 1 1 -g,5
Eckehar Muess g
Neutral Mempr
J. P. Cassese
Employee Member