PUBLIC LAW BOARD NO. 3514 -
Case No.64 Award No. 63
PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation -
STATEMENT OF CLAIM: Appeal by former Welder D. Rice from disqualification from positions o1 Welder, Welder Helper and Welder
Laborer.
FINDING: Subsequent to an investigation, the Claimant was disqualified when the Carrier found that he had been responsible for
a defective field weld that he and his gang had installed.
We have reviewed the record in its entirety and find evidence
which indicates that the Carrier did not exceed its discretion.
However, while the Board finds that the Claimant did not properly
perform his duties, at the time of the incident that led to this
dispute, the period of time since the violation occurred is
sufficient penalty under the circumstances herein. Accordingly,_
we are satisfied that he should be afforded another opportunity to _
serve as a Welder, Welder Helper or Welder Laborer.
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 (30) days of the date of this Award.
F.~ . Domzal i Eckehard Mue ~~ig J. P'. Cassese
C~frier Me er Neutral Meter Employee Member
Dated:
JUN 21 ,W