PUBLIC LAW BOARD N0. 3542
Parties
to the
Dispute
Pennsylvania Federation Brotherhood of
Maintenance of Way Employes
V8.
Consolidated Rail Corporation
STATEMENT
OF CLAIM
(a) That James W. Jones, employed by the Carrier since
September 4, 1975, approximately six and one-half years,
be restored to his former position as Track Foreman-with
seniority rights and all other privileges provided for
by either agreement or past practice. That he be compensated for all wage or other losses due to the loss of his
foreman's position with the railroad.
(b) That James W. Jones' record be cleared of all charges
brought against him.
OPINION OF THE BOARD
Claimant James W. Jones, a Track Foreman at Carrier's Pitts-
burgh, Pennsylvania, facility, was charged with:
Failure to perform assignment as Track Foreman in
gang T0221 on April 29, 1982, at approximately 9:00 a.m.
at Clark Candy Curve, M.P. 77.3, No. 2 Track, Conemaugh
Main Line, in that you directed forces assigned to you
to improperly align ties causing spiking machines to improperly spike ties.
Xam
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A · lo
Case No. 6
PLB-3542 -2- Awd. GE10
Case I#6
A hearing was
held July
2, 1982, at which Claimant was found
guilty and disciplined by disqualification from the position of
Foreman. This Board has carefully reviewed the record of this case
and finds that Carrier has taken appropriate action. The position
of Track Foreman requires a thorough knowledge of all aspects of
track maintenance and repair. It is quite obvious that, at the
time, Claimant was not ready for this position. If a Foreman
position opens in the future, however, this Board would find ft
appropriate for Claimant to be given another opportunity to prove
himself.
AWARD
The claim is sustained per opinion
of the Board.
R. E. Dennis, Neutral Member
u
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J. odd, Empl ye Member R. 0 eil, arrier ember 13-
4
11985 _
Dat of Adoption