BEFORE PUBLIC LAW BOARD N0. 4633
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
INDIANA HARBOR BELT RAILROAD COMPANY
Case No. 7
Dispute: Claim of the Brotherhood:
(1) The dismissal of 10 days deferred suspension assessed
Track Laborer Littleton Jackson, Jr. as a result of an
investigation held on July 8, 1987, was too severe and that
this discipline be removed from his record.
Findings:
Claimant L. Jackson, Jr. was employed as a trackman by the
Carrier. On May 26, 1987, Claimant was directed to attend an
investigation:
to determine the facts and your responsibility, if any, in
connection with excessive absenteeism.
The investigation was held on July 8, 1987, and as a result,
Claimant was assessed discipline in the form of a 10 day suspension.
The organization filed a claim on claimant's behalf, challenging his
discipline.
This Board has reviewed the evidence and testimony in this case
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of failing to report for work
or offer any excuse for his absence 24 of 31 working days during the
period April 11, 1987 through May 23, 1987. Moreover, the Claimant
failed to appear at the investigation held on July 8, 1987, to
offer any excuse for his actions. Consequently, he was
properly found guilty.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
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fattention to the type of discipline imposed. This Board will not set
aside a carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary or capricious.
The Claimant in this case was guilty of serious wrongdoing and
the Carrier was lenient in assessing him only a ten day deferred
suspension. This Board cannot find that the action taken by the
Carrier was excessive. Therefore, the claim must be denied.
AWARD
Claim denied.
y i
Ne tral S!`emler
Caft-f-er gem Organization Member
Date:
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