PUBLIC LAW BOARD N0. 3514
Case No. 61 Award No. 68
PARTIES Brotherhood of Maintenance of Way Employes
to - and -
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal of Welder Helper D. Howell, to have
his dismissal set aside and to be restored to the service.
FINDING: This dispute arose after the Carrier found the Claimant
guilty of the charge of failing to use good judgment and proper
procedure in the use of a cutting torch. The Carrier principally
relied upon the Claimant's own testimony and that of his Supervisors
to reach its decision to dismiss the Claimant.
We have reviewed the record in its entirety and have found
ample evidence which indicates that the Claimant did not properly
perform his duties. Under the circumstances herein, in consideration
of the damages caused by the Claimant's failure to observe proper
procedures and with weight given to the Claimant's past disciplinary
record,- we find the claim to be without merit.
AWARD
The claim is denied.
F . Domzi Eckehard Muessi ' J.-P. Cassese
C rier Me "r Neutral Memb Employee Member
Dated:
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