Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
GRAND
TRUNK
WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Trackman Roger J. Hansen was
excessive and therefore arbitrary and capricious.
(b) Claimant Hansen shall be reinstated into Carrier's
service, with seniority rights restored, and
shall be compensated for all lost wages.
OPINION OF THE BOARD
Case No. 3
Award No. 6
Claimant was hired on June 13, 1977. His past record prior to being
charged in October 1979 is as follows:
2-9-79 15 Demerits
3-7-79 25 Demerits
5-31-79 20 Demerits
Failure to protect job assignment at Holly, Gang #35, on
February 2, 5 and 8, 1979.
Failure to protect job assignment at Holly, Gang 135, March
2, 5 and 6, 1979.
Failure to protect assignment
on Tie Gang #1 on May 9, 21,
29, 30 and 31, 1979.
-2-
37 ~5-
On October 17, 1979, Claimant was charged as follows:
..to determine your responsibility, if any, for
failure to protect your job assignment as Trackman
Durand on the .... dates October 8, 11, 12 and 15,
1979 ....
The hearing was held as scheduled on October 29, 1979. Claimant
was found guilty and dismissed from Carrier's service.
Given Claimant's guilt of the October 17 charges and his past record
of failing to protect his assignment on many occasions, this Board can
only support Carrier's actions in this instance.
AWARD
The claim is denied.
R. '. Dennis, Neutral member
W. B. LaRue, Employe Member R. J O n, Carrier Member
~aV-.
20 . (98
7
Date of Adoption