PUBLIC LAW BOARD NO. 5418

Case No. 65 Award No. 65

PARTIES Brotherhood of Maintenance of Way Employees

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DISPUTE: Springfield Terminal Railway Company
STATEMENT OF CLAIM:

Claim on behalf of Christopher Aceto, in connection with him being assessed discipline on November 20, 2006. FINDINGS: The issue under dispute stems from the Carrier charging the claimant with the following offense:

"your responsibility, if any, in connection with the following charge:

Excessive Tardiness

Specifically, you have been tardy three (3) times thus far in the month of October. These three (3) incidents of tardiness have all occurred after you were disciplined following last month's hearing given to you regarding absenteeism and tardiness."

Following a formal investigation held on November 7, 2006, the Carrier found the claimant guilty of the offense for which he was charged and assessed him discipline in the form of a seven (7) calendar days suspension.
In light of the evidence brought forth in the record, the Board finds that no useful purpose would be served to elaborate on the facts and testimony adduced at claimant's hearing. Suffice it so say, that despite the fact that the claimant attended an investigation on September 27, 2006, involving the charge of absenteeism/tardiness, his record clearly shows that his punctuality at work has not improved.

Based on the record presented, the Board concludes the Carrier did not misuse its discretion

PLB No. 5418 C-65/A-65 Page 2 when it assessed discipline, thus we will not alter their decision.

AWARD: The claim is denied.

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A. F. Lomanto B. A. W ter
Carrier Member Organization Member

Dated: 57-cY- aoo7