Parties
to the
Dispute
PUBLIC LAW BOARD N0. 3765
CONSOLIDATED RAIL SYSTEM FEDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Va.
GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
(a) The dismissal of Crossing Watchman J. F. Gambee
was excessive and based upon unproven charges,
and therefore was arbitrary and capricious.
(b) Claimant Gambee shall be reinstated into Carrier's
service, with seniority rights restored, and shall
be compensated for all lost wages.
OPINION OF THE BOARD
Claimant J. F. Gambee was hired as a Crossingman on May 10, 1971.
On November 18, 1980, he was charged with three incidents of sleeping
on duty and one incident of failing to activate the crossing warning
devices. Claimant was assigned to Sample Street Tower in South Bend,
Indiana, during this period. A hearing into the charges was held on
Case No. 6
Award No. 9
_ _ 375- `l
November 26, 1980. Claimant was found guilty and dismissed from
Carrier's service.
This Board has reviewed the record and must conclude that Carrier
was justified in removing Claimant for sleeping on a critical job.
AWARD
The claim is denied.
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iC. L.
Dennis, Neutral Member
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,v
W. E. LaRue, Employe Member R. J .0 Br n, Carrier Member
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Date
of
Adopti~