PUBLIC LAW BOARD NO. 3514
Case No. 59 Award No. 61
PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal by former Welder-Foreman T. Milo from
disqualification from position of Welder and Welder-Foreman.
FINDING: Claimant's disqualification was decided upon after the
Carrier found, subsequent to a hearing held on February 26, 1981,
that he did not properly perform his duties by allowing a defective
weld, installed by the gang under his jurisdiction, to remain in
the track. To arrive at its findings, the Carrier relied upon the
testimony of its officials who inspected the weld in question and
the admission of the Claimant with respect to the quality of his work.
The Board finds that, while the Claimant was remiss in the execution
of his duties, the period of time since the violation occurred is
sufficient penalty. We are satisfied from our examination of the
record that he should be afforded another opportunity to serve as
a Welder-Foreman and Welder.
AWARD
The disqualification will be removed, but no back pay will be due
the Claimant. Removal of the disqualification is to be effected
within thirty days of the date of the award.
F . Domza~l ci Eckehard Muess'g J. P. Cassese
C rier Megftrler Neutral Memb r Employee Member
Dated:
JUN 21 1985