Parties to the Dispute
. PUBLIC LAW BOARD N0. 3542

Pennsylvania Federation Brotherhood of

Maintenance of Way Employes


vs.

 Consolidated Rail Corporation

 STATEMENT OF CLAIM
(a) That Daniel C. Sequin, Bridgeand Building Inspector, employed at Canton-Yard, Baltimore, Maryland, be restored to service with all seniority rights and all other privy ileo.es provided for by either agreement or past practice.

 (b) That Daniel C. Sequin's record be cleared of all charges brought against him.

 OPIFIOH OF THE BOARD
Claimant D. C. Sequin is a Bridge an;! 3uiidin., Inspector employed at Carrier's Canton Yard, Baltimore, Maryland. On February 2, 1982, Claimant was charged as follows:

 Being absent from your assigned wt.rk location as B":3 Inspector on the I-95 project at Canton Yard, Baltimore, MD at approximately 10:00 AM on December 29, 1981.

 Case No. 3 Award No. 3

        Engaging in unauthorized--activity at Canton Yard,


        I -al imore, PID Ft approximatel, 10:00 X-1 o,.-I Decein

        - t

        ber 29, 1951, in that you were observed on a

        wooden telephone type pole.


        Falsifying Conrnil Form AD?30G R5 11076, DAILY PARTICIPATION PROJECT 2?POR:T, dated December 29, 1981.


A hearing into the natter was-held on February- 17, 1932, as scheduled. At the conclusion of that hearing, Claimant was found guilty as charged and dismissed frcr,i Carrier's service.. A trapscript of that hearing ha, been made a part of the record of this case.

      The Bord hgs ravieix,~d that tr=nscript as well as the other _

documents that w=:e up elm -racor<7 0r ~ this ccse and it must conclude
 tact Claim::nt s dis:iijsal. ;;,ns not for pro: ^r c=a_^,e and w:a not
 supported by the hearin, record. Con>eqnently, Cr!rrier acted arbi
 trarily and capriciously and tha dismissal should be- set aside.

      Claimant in this case is-_ i;rilge artl 'uilding Inspector


who was- 1ssi.-nod t0 work with a Contractor and t0 '.12:1:(. s,-r-- t!izt ._
 Carrier's into-rests were consid~rr.J l::?en Ln= Contractor's wnrk
 ml'-'ht interfere -with Carrier's mission. On some? days, ClaL.`11nt~s

 :ior:C load :vas sec; that I,n had litLL12 or n--t'tin- to do. ,iii r-cord ..
 reveals th:t on taee-a.·.y~, heat::; cutLiri::, dfi~:n ,ibandonoi t-~iephone,
 poles Lind recl:;imino thco^,).=r ·,ai:~ serun-, on those poles.

      Carrier ~:(Snt^nd:: t!..t Cl-,ima:a <rl:~iG-G:-:: t';.:cl:;rde., t~g._i:ist

- PLB No. 3542
                            Case No. 3

                            Award No. 3

                            -S-


      and that the penalty of dismissal is therefore appropriate. This

      ' Board is not persuaded, however, that Claimant was engaged in illegcl acts when cited on December 29, and 30, 1931.

      A careful reading of the transcript should persuade any unbiased observer that the Project Director was fully aware of the way Claimant worked and knew what he was doing with the telephone poles and the copper wire. Claimant's story, as well as that of witness Nelson, is believable. A careful analysis of the Director's testimony also points up the fact that he was aware of what Claimant was doing.

      This Board is persuaded that Claimant was the scapegoat in this situation, that he was performing his duties in a competent manner, and that his Supervisor was fully aware of what he was doing-and cordoncd it. The Su;·.ervisor's testimony at the hearing was selfservin;_ evasive, not responsive on occasion, and clearly designed to protect his own position.

      Carrier has acted in an arbitrary and capricious manner in this instanco and this claiT, should be sustained. -


                            AWARD


                The claim is sustained. Carrier is directed to rcinstate Claimant to his former position with pay for all. lost tine in accordance with Rule 27. Carrier shall implement this award within 30 days of its adoption.

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