PUBLIC LAW BOARD NO. 7163
Brotherhood of Maintenance of Way Employes Division IBT Rail Conference
-and- CSX Transportation, Inc.
Award No. 356
Case No. 356
The Carrier's discipline (time served suspension) of Mr. J. Gilliland, by letter dated November 7, 2017, in connection with allegations that he violated CSXT Operating Rules 104.10 and 104.2(a) was arbitrary, unsuppmied, unwarranted and in violation ofthe Agreement. (System File D91705817/2017-229333 CSX)
As a consequence ofthe violation referred to in Part 1 above,' ...the Carrier must clear all mention ofthe matter from Claimant's personal record, and compensate him for all loss suffered. This loss includes, but is not limited to, any straight time, overtime, double-time or other Carrier provided compensation lost as a consequence ofthe discipline. It also includes healthcare, credit rating, investment, banking, mortgage/rent or other financial loss suffered as a consequence ofthe discipline.'
This Public Law Board No. 7163 finds that the parties are Ca11'ier and Employee, within the meaning ofthe Railway Labor Act, as amended, and that this Board has jurisdiction.
By letter dated November 7, 2017 the Claimant, Foreman J.R. Gilliland was notified by the Carrier that he had been assessed the discipline oftime served [some 54 days out of service] as follows:
Dear J.R. Gilliland:
This is in reference to the formal investigation that was held on Wednesday, October 18, 2017, in the Conference Room at the Nashville Division Office located at 624 Grassmere
Park Road, Suite 24, in Nashville, Tennessee. The notice offormal investigation, transcript and exhibits reviewed and discussed during the course ofthe investigation are included in this packet.
Based on the evidence presented during the course ofhearing, substantial evidence was revealed demonstrating that you violated CSX Transportation Operating Rules 104.10 and 104.2(a).
Upon my analysis ofall factors related herein, the discipline to be assessed is time served beginning Tuesday, September 12, 2017 and ending Tuesday, November 7, 2017. Please contact your immediate Manager prior to marking up for duty.
s/J.L. Davis
Division Engineer - Nashville
The Organization appealed the discipline and the matter has been properly progressed to this Board for adjudication.
No basis exists in the record before this Board to set aside the discipline on procedural grounds.
Substantial evidence ofrecord, including the testimony ofRoadmaster Blanton who testified that the Claimant was scheduled to working on Thursday, September 7, 2017 and was not there, and when he input payroll on Friday he put in that he worked an 8 hour shift (Tr. 7). Mr. Blanton submitted the Engineering Payroll Transmission Details document, showing the Claimant claimed 8 straight time hours for September 7, 2017. The Claimant, as foreman puts in payroll for the gang on this document. The Roadmaster caught the improper entry on the following Monday.
While the Claimant testified that the entry made was a mistake when he was rushing through his paperwork at the end ofthe workday on Friday running late to pick up his son at school, substantial evidence ofrecord supp01is the Canier's finding ofresponsibility in this case for violation ofRules 104.2 and 104.10. The discipline assessed is neither arbitrary, capricious or excessive. We must deny this claim.
Award Claim denied
David Twomey
Carrier Member
Katrina Donovan
Dated: --------------
3
ber
Organization Member Andrew Mulford
Dated: -3-/1-4/1-9 ----------