P17BLIC LAW BOARD No. 4381: CASE No. 35
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
v.
BCRLINGTON NORTHERN RAILROAD
STATEMENT OF CLAIM
1. The discipline of fifteen (15) days of suspension imposed upon Bridge
Mechanic G. L. Combs for alleged violation of General Rules 580 and 576
of the Burlington Northern Safety Rules and General Rules for alleged
unauthorized use of railroad credit and alleged failure to comply
with instructions from a proper authority was arbitrary, capricious,
unwarranted and without just and sufficient cause (System File
S-P-292C/MWB 83-2-23D). '
2. The Claimant's record shall be cleared of the charges leveled against
him and he shall be compensated for all wage loss suffered.
FINDINGS
On the evening of October 25, 1982, the Claimant, Mr. Jerry L. Combs,
charged a motel room rental to the Carrier. Subsequently, on October 27, 1982,
and October 30, 1982, Mr. Combs was instructed by his supervisor to pay
for the room and thereafter to claim the amount on his expense account.
However, it was not until after Mr. Combs had been served with a Notice of
Investigation (pertaining to this matter) that Mr. Combs paid the bill
(on November 7, 1982).
It is clear from the record that when Mr. Combs charged the room to
the Carrier, he was aware of Rule 580 and its prohibition of unauthorized
use of railroad credit.
Additionally, there
was sufficient opportunity for Mr. Combs to comply
with his supervisor's specific instruction prior to Mr. Combs leaving
the area (on October 28th) and during the subsequent week of vacation.
Although Mr. Combs ultimately paid the bill, the lengthy delay in complying
with his supervisor's instructions is not warranted or justified, and is
appropriately the basis for disciplinary action.
Given that there is no evidence that Mr. Combs intended to defraud
the Carrier, and also Mr. Combs' record of satisfactory service, the
discipline shall be
reduced to
five (5) days. Mr. Combs is also to be
issued a written reprimand concerning his unauthorized use of railroad
credit and his insubordinate conduct.
AWARD
The fifteen (L5) day suspension shall be reduced to five (5) days
and written reprimand issued.
Ronald L. Miller
Chairman and Neutral Member
Maxine M. Timbermaa Karl P. Kkfatsen `
Carrier Member Organization Member
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Date