Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
-and- CSX Transportation, Inc.
Award No. 359
Case No. 359
The Carrier's discipline (dismissal) of Mr. J. Sanders, by letter dated November 28, 2017, in connection with allegations that he violated the CSX Transportation Operating Rules 104.2.a and 104.10.1 was arbitrary, unsupported, unwarranted and in violation ofthe Agreement. (System File D91706517/17-08789 CSX)
As a consequence ofthe violation referred to in Part 1 above, Claimant J. Sanders' record shall be cleared ofthe charges leveled against him and the Carrier shall ' ...immediately return Claimant to service with rights and benefits unimpaired, and beginning on December 1, 2017, 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 Cmrier and Employee, within the meaning ofthe Railway Labor Act, as amended, and that this Board has jurisdiction.
By letter dated November 28, 2017, the Claimant Mr. J.M. Sanders was notified by the Carrier that he was assessed the discipline of dismissal in all capacities from CSX Transportation, as follows:
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Award No. 359
PLB No. 7163
Dear J.M. Sanders:
This is in reference to the formal investigation that was held on Wednesday, November 8, 2017, in the Conference Room ofthe Nashville Division Office at 624 Grassmere Park Drive, 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 Transpmtation Operating Rules 104.2.a and 104.10.1.
Upon my analysis ofall factors related herein, the discipline to be assessed is your immediate dismissal in all capacitates from CSXT Transportation.
Please arrange to return any company materials in your possession to any Supervisor at the nearest CSX location.
s/J.L. Davis
Division Engineer-Nashville.
The Organization appealed the decision, and the matter has been properly progressed to this Board for adjudication.
The Organization contends that the CmTier violated Rule 25 when it refused to postpone the investigation until the Claimant's doctor cleared him for travel for the investigation. The original investigation was postponed several times at the Claimant's request. The Carrier then requested that the Claimant have his physician complete a Certification ofOngoing Injury or Illness form to the Carrier to substantiate the need for the postponements. When the Claimant failed to respond to the request, the investigation was held in absentia. We find that Rule 25 was not violated, and the Carrier had the right to proceed with the investigation under existing circumstances.
We find that substantial evidence ofrecord supports the Carrier's determination that Mr. Sanders violated the Code ofEthics when he claimed that he worked 10 hours straight time and 8 hours ove1time on May 31, 2017. The testimony ofRoadmaster Roberts established that the
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Award No. 359
PLB No. 7163
David Twomey
Katrina Donovan
Andrew Mulford
Dated: 3/14/19