PUBLIC LAW BOARD NO. 3514
Case No. 92 Award No. 76
PARTIES Brotherhood of Maintenance of Way Employes
to -and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: That the personnel record of Welder Helper,
John A. Battista, be,cleared and that he be restored to the service.
FINDINGS: This dispute essentially came about because the Claimant
was engaged in outside employment. Specifically, the Carrier
found that the Claimant gave false testimony with respect to how he
spent his time while off duty because of an injury sustained on the
Carrier's property. It then also found that the Claimant left his
place of duty prior to the end of his scheduled tour without proper
authority to do so and gave false testimony later at a hearing on
this aspect of the dispute.
The Organization raised, and vigorously pursued, a number of
contentions alleging that the Carrier erred both procedurally and
substantively with respect to the claim.
We have carefully analyzed the transcript of the investigation,
as well as the arguments and key issues progressed by the parties.
From this review, we find the Organization's contentions not without
merit, given the facts of record. However, it is our finding that
the carrier did not misuse its discretion in this matter. Undoubtedly, there were other courses of action that could have been
Page 2 PLB.3514 C-92/A-76
legitimately considered by the carrier, short of dismissal,
given the various aspects and ramifications of this dispute.
However, it is not incumbent upon us to substitute our judgment
for that of the Carrier if there is evidence to support the finding
of guilt. We find such evidence here.
AWARD
The claim is denied.
.F/.` . Domz ski Eckehard MuessJ. P. Cassese
Carrier M er Neutral Membe Employee Member
Dated:
AUG 20 11985