PUBLIC LAW BOARD NO. 5396
Parties BROTHERHOOD OF MAINTENANCE
to the OF WAY EMPLOYES
Dispute
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
PLB Case No. 42
NMB Case No. 42
1. That the Carrier violated the provisions
of the current Agreement when it dismissed
Ballast Regulator Operator R.R. Ramos.
Said action being excessive, 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
Ballast Regulator Operator R.R. Ramos was dismissed from
service following an investigation held on August 25, 1995, into
the charge that he was responsible for failing to control-the
movement of a Ballast Regulator on August 11. After Claimant's
2
53R(o- LIB
Ballast Regulator struck and damaged a Double Broom near Los
Tanos, New Mexico, he was tested for drugs and alcohol. There
was a positive alcohol screen. Carrier also concluded that
Claimant had failed
to
abide
by the terms of a reinstatement
agreement dated March 7, 1994. He had been returned to his
position at that time after having been terminated for another
positive alcohol test. Carrier further determined that he had
not reported the present incident in a timely manner.
This Board finds that Claimant was granted all procedural
rights guaranteed to him,by Agreement in conjunction with the
levelling of this charge. The evidence adduced at the investigation was clear and compelling. Claimants Regulator struck the
Double Broom, which was not moving, causing approximately $12,000
in damage. The visibility was clear. His brakes were in operating order. Claimant was found to have alcohol in his system. He
did not report the accident until some three and a half hours
after it occurred. His alcohol consumption was a clear violation
of his reinstatement agreement.
Under all of the facts of this case, it cannot be concluded
that Carrier was arbitrary or capricious in the assessment of
539(a-Va-
this discipline or that the discipline itself was unduly harsh in
light of the proven infraction.
'
, 2
C.F. Foose,
Employe Member
Date of Approval
WAR.
Claim denied.
C. H Go d,
Neutra Cha'rman
t~L
- 4
'~Z
';
D.A. Ring,
Carrier Member