PUBLIC LAW BOARD NO. 3514
Case No. 68 Award No. 66
PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal by B&B Mechanic D. Henriques, to have
fifteen (15) days actual suspension removed.
FINDING: The Claimant was notified to attend an investigation on
the following charges: Failure to report to work location promptly;
failure to follow instructions from proper authorities and perform
duties efficiently and safely; failure to devote himself exclusively
to the Company's service while on duty; insubordination and willful
disregard of the Company's interest in that work was not performedas prescribed.
Subsequent to the investigation, the Claimant was notified that
he had been found guilty and was suspended as noted above.
The Board, after a thorough review of the record, finds that the
facts and circumstances here do not provide a proper basis for
the discipline assessed. In this respect, we note that the
Claimant's Supervisor, at the time of this incident, had been
suspended for thirty (30) days. However,the Carrier, upon his
appeal, lowered the suspension to a reprimand. Accordingly,
the Board finds that the measure of discipline assessed the
Page 2 - PLB 3514 - C-68/A-66
Claimant does not appropriately give weight to the respective
responsibilities of the Claimant and his Foreman. Therefore, to
be consistent in the application of discipline, the suspension
is set aside.
AWARD
The claim is sustained and the Claimant will be paid for the
fifteen (15) days that he was suspended, such payment to be
effected within thirty (30) days of the date of this Award.
F; ,cT. Domzalski
i i
crier Meit~er
Dated:
JUN 21
Oar
S~
y~
I
r
..yyar~:~ct,
Eckehard Muessig
Neutral Member
l',
J~. _P. assese -
Employee Member