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PUBLIC LAW BOARD NO. 7163


PARTIES TO THE DISPUTE:


Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference

-and- CSX Transportation, Inc.

Award No. 364

Case No. 364


STATEMENT OF CLAIM: Claim of the System Committee ofthe Brotherhood that:

  1. The Canier's discipline (dismissal) of Mr. A. Willis, by letter dated October 5, 2017, in connection with allegations that he violated CSX Transportation Operating Rule 104.2(a)(b) was arbitrary, unsupported, unwarranted and in violation of the Agreement. (System File D91414417/2017-227567 CSX)

  2. As a consequence ofthe violation refened to in Part 1 above, Claimant A. Willis' dismissal shall be set aside and he shall:

    be made whole for all financial and benefit losses as a result ofthe violation. Any benefits lost, including vacation and health insurance benefits including coverage under the railroad industry National Plan), shall be restored. Restitution for financial losses as a result of the violation shall include compensation for:

    1. Straight time for each regular work day lost and holiday pay for each holiday lost to be paid in the rate of the position assigned to Mr. Willis at the time of removal from service (this amount is not reduced by earnings from alternate employment obtained by Mr. Willis while wrongfully suspended);

    2. Any general lump sum payment or retroactive general wage increase provided in any applicable agreement that became effective while Mr. Willis was out of service;

    3. Overtime pay for lost ove1time opportunities based on overtime for any position he could have held during the time Mr. Willis was suspended from service, or on overtime aid to anyjunior employee for work Mr. Willis could have performed had he not been removed from service;


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      PLB No. 7163


    4. Health, dental and vision care insurance premiums, deductibles and co-pays that he would have paid had he not been unjustly dismissed.

All notations of this dismissal should be removed from all carrier records'.


FINDINGS:

This Public Law Board No. 7163 finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, ad that this Board has jurisdiction.

By letter dated October 5, 2017, the Claimant, Machine Operator AM. Willis was notified by the Carrier that he was assessed the discipline ofdismissal in all capacities from CSXT Transportation as follows:

Dear AM. Willis:

This is in reference to the formal investigation that was held on Thursday, September 21, 2017, in the Conference Room at 12780 Levan Road, Livonia, Michigan. The notice of formal investigation, transcript and exhibits reviewed and discussed during the course of the 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 Rule 104.2(a)(b).

Upon my analysis of all 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 I your possession to any Supervisor at the nearest CSX location.

s/C.D. Ramsey

Division Engineer-Chicago

The Organization appealed the discipline, and the matter has been properly progressed to this Board for adjudication.

The Claimant, Mr. AM. Willis, Sr. underwent FRA random toxicological testing on August 17, 2017. A urine sample was given by the Claimant to the collector and a custody and

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Award No. 364

PLB No. 7163


2017


he metabolites

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Award No. 364

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offering the Claimant the opportunity to test his split specimen prior to releasing the test results in the Final Report.

We must deny this claim.


Award Claim denied.


David Twomey


Carrier Member

Katrina Donovan

Dated: -------------


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Organization Member Andrew Mulford Dated 3/14/19