PUBLIC LAW BOARD NO. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION
Parties BROTHERHOOD OF MAINTENANCE Case No. 60
to the OF WAY EMPLOYES
Dispute
VS.
GRAND TRUNK WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM
We wish to appeal the decision rendered
in the case of Mr. D. Petrous, Trackman,
who was issued discipline in the form of
5 days suspension upon recall from furlough
as
a result of an investigation held
January 27, 1992 at Pontiac, Michigan.
In our opinion Mr. Petrous was innocent
of the charge and request the 5 day suspension be removed from his record and
that he be recalled from furlough in
accordance with his seniority.
OPINION OF THE BOARD
At the time of the incident that gave rise to this
dispute, Claimant Daniel Petrous was employed as a second
class Machine operator/Trackman. On Wednesday, January 15,
1992, he was assigned with a train crew to clear snow
37~5~ ~a
from switches on the Romeo Subdivision. When the train crew
finished working, they left the property. Claimant also
left the property at the same time (at about 1300 hours),
three hours before his quitting time. When Carrier learned
that Claimant had left the property prior to.his quitting
time without permission and his time for the day did not
reflect an early quit, he was charged as follows:
This formal investigation is to determine
your responsibility, if any, for allegedly
defrauding the Carrier by not reporting to
your Foreman, R. Mata, that you left early
on Wednesday, January 15th at approximately
1300 hours and were subsequently paid for
time not worked from approximately 1300 hours
until 1600 hours.
A hearing in the matter was held on January 27, 1992.
A transcript of that hearing has been made a part of the
record of this case. As a result of the investigation,
Claimant was found guilty as charged and assessed a five-day
Suspension.
This Board has reviewed the hearing transcript, as well
as all material submitted into the record by both parties.
As a result of that review the Board concludes that Claimant
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was guilty as charged and that a five-day Suspension was
reasonable, given all the facts. We find no basis on which
to modify Carrier's action in this case.
AWARD
The claim is denied.
R.'&'. Dennis, Neutral Member
. i .a-rw.~-
.R. Maso//,Fffiploye Member R. . O' ien, Carrier Member
to of prova.