PUBLIC LAW BOARD NO. 3542
Parties
to the
Dispute
Pennsylvania Federation Brotherhood of
Maintenance of Way Employes
VS.
Consolidated Rail Corporation
STATEMENT OF CLAIM
(a) That R. L. McIntosh, Acting Foreman, employed on
June 25, 1979 at "C" Yard, Morrisville, Pennsylvania, be
restored to service with seniority rights and all other
privileges provided by either agreement or past practice.
That he be compensated for all time lost until such time
he is recalled to service of the railroad.
(b) That R. L. McIntosh's record be cleared of all charges
brought against
him.
OPINION OF THE BOARD
Claimant R. L. McIntosh, Acting MW Foreman in Carrier's
employment at 'C' Yard in Morrisville, Pennsylvania, was charged with
violation of a Safety Rule on November 9, 1982. A hearing was held
on November 17, 1982, in which Claimant was found guilty as charged
and dismissed.
~~r~
RD
NO.
Case No. 19
PLB-3542
Awd. I#17
Case 119
This Board has reviewed all of the facts involved and is
convinced of Claimant's guilt with regard to violating the Safety
Rule. It states in part that employe behavior must be "free from
scuffling, practical jokes, or horseplay."
As to the merits of this case, the facts clearly show that
Claimant McIntosh acted without regard to his position as a responsible Supervisor. As Acting Foreman, Claimant was to have been
a model employe, one who obeyed and upheld the conditions required
of the workplace, especially rules with regard to safety. Responsible
leadership on site is a work necessity from which both Carrier and
Brotherhood benefit. In this instance, Claimant McIntosh was justifiably dismissed, thereby protecting the interests of both parties.
AWARD
The claim is denied.
11
R. E: De~nis, Neutral Membe
R. 0'N 1, Carrier M tuber
J. odd, Employe Member
Date of Adoption