Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAM
PLB Case No. 19
NMB Case No. 19
1. That the Carrier violated the current
Agreement when it dismissed Laborer
Operator R.D. Gonzales based on unproven
charges. Said action being extreme,
unduly harsh and in abuse of discretion.
2. That the Carrier now reinstate Claimant
to his former Carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss suffered,
and his record cleared of all charges.
FINDINGS
Claimant R.D. Gonzales was terminated from service for
his alleged involvement in the same incident that resulted
in the discharge of Foreman D.E. White. (See NMB Case No.
18 of this Public Law Board.) In that instance, we found
strong circumstantial evidence to support Carrier's charge:
z 3~'~- / 9
In the present case, while recognizing that Laborer Operator
Gonzales was working under the personal supervision of
Foreman White (per Rule 666), we also believe that he had an
independent responsibility to check the switch, which he
acknowledges he failed to do. Consequently,_the level of
discipline assessed in NMB Case No.
le
is appropriate in
this instance.
AWARD
Claim sustained in part and denied
in part. Claimant is returned to
service with all seniority and
other rights intact, but without
backpay. His time withheld from
service shall appear on his record
as a suspension.
C. /j
C.H. Go d, utral Chairman
-Z.
L
C.F. Foose, Em loye Member J Martin, C~Member
Date of Approval