Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
GRAND TRUNK WESTERN RAILROAD CWANY
STATEMENT
OF CLAIM
The disqualification of Track Foreman A. Tovar was without
just and sufficient cause in violation of Rule 6 of the
collective bargaining agreement.
Claimant A. Tovar shall be reinstated as a Track Foreman and
granted a position as Track Foreman. and compensated for all
lost earnings, including overtime.
OPINION OF THE BOARD
Claimant, A. Tovar, was at the time of the incident that gave
rise to this ease employed as a Track Foreman in Durand, Michigan.
On September 18, 1985, Claimant was charged as follows:
Failure to properly perform your duty by allowing an
employee unfit for service to be on the Company Property on Wednesday, August 21, 1985 at approximately
0800 hours in Durand, Michigan.
Case No. 20
Award No. 17
. 37 65' l '7
`i
A hearing into the matter was held as scheduled on September 24,
1985. A transcript of that hearing is a part of the record. As a
result of that hearing, Claimant was found guilty and disqualified
as a Foreman.
A review of that record reveals that Claimant was guilty as charged
and was appropriately disciplined. It also reveals that a time limit
issue was raised by the Organization. The Organization contends that
Carrier became aware of the incident that resulted in this case on
August 21, 1985, and did not hold the hearing until September 24, 1985.
This is beyond the 30 days required by Rule 6(a) for holding such hearings. Carrier contends its investigation was not complete until August
28th when an investigation into the matter of the condition of the
employe involved was concluded. It did not want to charge Claimant
until it was decided that the other employe was not fit to work and
should have been ordered off the property.
This Board has reviewed the record and must conclude that Carrier
did not violate Rule 6(a) in its handling of this case. It acted properly in delaying the charging of Claimant and holding his hearing until
it had all the facts.
As to the merits of this case, the Board is persuaded that carrier
has made its point and the discipline imposed has served its purpose.
The Board therefore directs that Claimant be restored to his Track
Foreman status without pay for lost time effective immediately.
AWARD
The claim is sustained per Opinion
of the Hoard.
Rtes,
Neutral Member
-f
Rr ,T.
Hrien, Carrier Member
/-30-R`1.W
Date of Approval
W. &. LaRue, Employe Member