PUBLIC LAW BOARD N0. 3514
Case No. 65 Award No. 64
PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appal of I&R Inspector B. Rears III to
have fifteen (15 days actual suspension removed.
FINDING: In this dispute, the Carrier charged the Claimant, who
was employed as a Pilot for an Electronic Tamper Machine, with
failure to ensure that machinery under his direction was being
handled properly. His primary duty at the time was to protect
the machine's safety within the territory in which it was operating.
Subsequent to an investigation, the Carrier, relying mainly upon
the testimony adduced at the investigation; notified the Claimant
that he had been found guilty and suspended him for fifteen (15)
days.
Our study of the transcript of the investigation indicates that
there was ample evidence, including the Claimant's testimony, to
support the Carrier's conclusions as to his guilt to the charge of
not properly performing his duties. Accordingly, the Board, absent
a finding of arbitrary or capricious conduct, has no basis to disturb
the measure of discipline imposed.
Page 2 PLB 3514 C-65/A-64
The claim is denied.
AWARD
F . Domz3Lh ki Eckehard Mueq ig . P. Cassese
rrier ~r~er Neutral Member Employee Member
Dated:
JUN 21 1985