(Brotherhood of Maldsnance of Way Employee
 PARn>a TO olsPUrE:
 (The surlinpton N0f$IH~ Santa Fe Itallroad (Forrtrer
 (ATSF Railway Company)
BTATEMENfT OF CLAM
1. That the Carriers decbbn to Suspend Welder Risk t1. Smith irony
 service for thlr4l days was urQuat.
 L The the Carrier now rains is Clainard on-aft with senimpr,
 vacation, all benellt riohb unYnpaired and pay for all WOOD toes as a
 moult of knvesdpatn held at 2:00 pan. on October 26, 2001
 continuing forward andlor otherwise made wholb, because the
 Carrier did not Introduce substantial, credible evidence that proved
 OW do CIskment violated do rules enumerated in their d,elslon,
 and wen If Clabnent violated the rules enuereratmd in the decision,
 nntowl horn savlee 11 e:trante and harsh discipline under the
 aheunwwnone.
 7. That the Carrier violated the Agreement particularly but mat linilrd
 to Rule 1! and Appendix 11 because this Carrier did not Introduce
 substantial, credible evidence Met proved the Claimant violated do
 ruins enumetafad in their daelslom
 FINDMM
 upon do whole record and a0 See evidence, the Board finds that the parties heroin are carrier and wptoyee wNhM do nreanktv of the Railway Labor Act, as anion" Furfher. do Board IV duly constituted by Apreemsnk has Jurisdiction of the Parties and of the subject nsatar, and the Pardes to this dispute wren given due notice of the hearing tlrarsen.
'?L6 ND.T9sD

Page 2 Aw.rd No. ISS

Caw No. In
Clakrnnt and his aNlitant ordered b start their day at 0100 to nVeve the night craw.
 The Roadnnnter Pound n necessary to change Me order of bwlnaa and . atbnrpad *om 0100 until Oslo to contact Ckknant,finally catching him at a gas otalion. Clabnant was to bring tour thennlla knee with him which wen tack at his startling polnL Shortly after recolvhlg his hnetruotlons, the tights on CIahnsrrt'e truck went out.
 The Roadmastar contacted him ID find out the problem, and when advised about the lights, Instructed Claknent to call him every 1 I mlnhwl.
 Within 30 minutes of being advised about the IIOIMs, the Roadmafsr located Claknent and his truck and comrnenaad to troubleshoot the light problem wAdoh turned out to be fusty.
 While In the driver's seat of CbImsrWs truck, the Rosdmesesr discovered tit loo book was not up to data. Wssino were entries for October i, 6, ? and a. 201. The Rosdursster asked Clsknent It he had been keeping the log book up to dete. Cisknan% in~ of sknply saying mop at first said "llo, I'm not dohto that right rww."
 When asked spin M M was filing out the lop book awry day, CWmaut responded by saying "NO, lent not answering you and I'm net oowtg t0."
 WMn asked the third !kite, Claknant responded by sayfno, "You're looking at It. Tony. What do you think?"
 Then CVhnsnt mid he case being harassed, than M got out of the !ruck whereupon the Roadmester asked If he was nhraino to help and answer questions.
 TM Roadrtrsster then told Claimant to 0o home and return at his rapalar Starling time, whereupon Clahnwit allege* said "prn going home and I may or may net acme back."
 IPL a go. 5850

rap 3 Award No, l 8

Cans No. 11111111

Claimant then slwpsdly want to the side of the truck to open up the cabinet and the Roadmaster became concerned by Claimant's demsenor and told Claimant to just go home and pulled him out of service pending the outcome of an Invealptlom

The Roadrtwtsr's testimony used various sei/at various tkmse during his testimony such as, "I don't know If M was being saroaWc" when Claimant replied about to the Instructions d keepNtl the Roadmastsr advised of their status white working on the detacOw lighting by saying, "Pit put on a atopwaeoh and call every 16 mlnuem'

At another pohrt, the Roadrnntsr testified "He used corns vulgarities, as I won kind of under the tnpraaslon that he was already IrrNslsd"

When Claimant was loobnp for the fuses and responding somewhat to the Inquiry of filling out the lop book, the Roadmsstar said M throw everything back Into the glove compartment and, "he seemed more ltrllasd."

When the Rosdenwftr pulled him out of service pending an lnveslilstlon, Claknam was charged with being insubordinate and qweralso W. These two charges can and have, In odrsr eases, a defhMS effect on the employee's work record am" for a WV suspension a a termination, but in this case, Claimant van ssassed a 230 day actual of which he was advised In a letter dated Novembar 6, 23011, that 10 be" day of suspension was to be November E and he was to report on NoVlmblt 7, 2001.

Claimant and his working parbwr present a dilfsrent account of the Incident leading to clamant!s suspension and disetpllns. Cloth based the hostility on No Roadmasbr and that Claimant did nothing 1o provoke the reaction,

dust reading the motion word. of who said what does not convey IrrimWon or hostility, particularly when what was said was not In any way threatening or derogatory.

' PLb ~0.5~50

                                            Award h0. 185

                                              Cass f1 p


Clelnfent's attitude was somewhat 111ppant and did approach the response one would expect from a teenager accused of raiding the cookie jar. Then again, the RoadmastWs Insistence upon Claimant responding to his quaslon, "Do you fill out your toil book dally" when M was. Making at It and knew that It had not been done Is somewhat strange.

Also brought forward in the Investigation was a meeting hold on October 10, 2001, to discuss Clalmant's suspension, attended by the Roadnraellr who suspended CIalrrmrt, the Division Engineer, Claimant and the other member of hb crew and s Track Supervisor who was taefIfylng regarding the follow-up meeting.

The Track Supervisor stated that during the nearing nothing vas said of Claimant being quarrabornl, about Claimant refusing to answer questions, or about the lop book, which seams rather odd. If mho Roadmaster wee that upset by Claimant's acflof you would haw thought that M would haw laid B out for the Division Enginar.

The only charge established clearly by the Carrier was Clairrrnt's failure to keep an up-to-daft log book, AO the other charges haw not been substantiated by wfflelent evidence of wrong doing.

A 30 day actual suspension is not commiserate with the otnes. Clalmsnt's record reflocts two commendations, one In 1994 and the other earlier h 11117. Then in tit latter part or 1997, a tomol reprimand when M waived iris rights to an investigation for his talun b protect men and equlpnrerti

    Under the elrcumefanas hen, Claimant's discipline Is reduced to a formal reprimand for his (allure to keep up to date on his log book. Hs II to be reimbursed for time bat as provided In the Schedule Agreement

Pf:g NCO- 5~° n.
 Pays 6 Award N0.
 Case Nee Ise
 Claim sustained In accordance with the Rndinpa.
 ORDE
 This Board, after consideration of the dispute Idantfllod abort, hereby orders that an award favorable to the Claknant(s) be made. The Carder 1a ordered to make to. await! effacUva on or before SO days fotlowlng the dab the award !a adopted.
              Robert L. Wks, hahmaln fi Nwtni Vsmbw


Rick ?irV, Labor Member Thomas M. Rohlfn4, Catrllr r
 Dated: P) q .-cA 1 02 u 0 2