1. The Carrier viohded the Agreement whet Clahnant Edison Charley

(688M2) ways given a Level S 30-Day Record Suspension when the

Carrier found the Claimant M violation of Mair~nance Of Way

Operating Rides 1.6 crud 1.1a. The ClaMrnt was not cordroitatiOnal,

followed Instructions, and only left the property at the Roadrnastsr's

insns. The Claimant should be paid any loss of pay

commencing forward and or odterwbe aide whop, and the

discipline should be removed from his rsrmrd.

2. As a consequence of the violation referred to in part 1 the Cancer

"...to develop the facts wed piece msponsibift, if any, in connection whit your possible violation o! Rules 1.8 and 1.18 of Maintenance of Way Operating Rules, effective October 31, 2004, as supplemented or amended, concerning your alleged being quarroisortw and discourteous toward Roadnutstsr Raymond Chavez, after being asked the day before to get

PLB NO. 5$50

machinery switched out and allegedly not caring as directed and then

leaving the property at approximately 11:00 AN an Tuesday, June 17, 2008,

while working as a Foreman on gong TSCX0248 in Grants, New Mexico."

Claimant was assessed a 30-day record suspension (no lost tine) and a 3-years probation period.

Claimant, a veteran of 28 Years, has worked a large part of his time with a mobile gong. He and his Supervisor as of the data of the Incident, had an exchange of words over some machinery that watsnt't moved on the Monday before per the instructions he was given. The Supervisor had Instructed Claimant to change the lineup of ntadtinery placing the regulatxrr first out That was on a Monday. On Tuesday, the Supervisor found the regulator hod not been repositioned At this point, an argument ensued resulting in Claimant tacking his gear and walking aif the job.

Claimant cordends he was fire!. thus he was heading home The Supervisor contends he did not tell Claimant he was fired, but he did tell ClalmarrX "You need to find another territory if you can't follow instructions from me."

Wharf Clahnant was told to come back to work, he insisted tar was fired and he did not return.

Claimant contends when on Monday hoe was supposed to pert the regulator #irst out, he didn't have time tram the Dispatcher. He also had a hydraulic niachirnr with a leaking ,cyilnder that he had to fix which he did on Tuesday, the day the surfacing gang was to follow the first crew. There was a delay of about 20 minutes, but the work got done.

The temperature was above 88° on Tuesday, the day of this cxtnfrontatlom The Roadmaster was overseeing two gangs and evidently planned to hove the switch

installed and the surfacing gang follow. The pressure was on as track tine is dRfult to come by end both gangs were separated by twenty minutes.

With the heat of the day, two gangs to oversee arid Claimant who we* not able to get time to switch out the units required holding the operation up by twenty minutes, it is this Board's position that the record suspension of 20 days and the probation of some 3

period is reduced to a formal reprimand.

Claim sustained in accordance !with the Findings.

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier b ordered to make the award effective on or before 30 days following the date the award is adopted.

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Dated: ~/ of