PUBLIC LAW BOARD NO. 7163

PARTIES TO DISPUTE

) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION,

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

) CSX TRANSPORTATION, INC.

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

The Carrier's discipline [fifteen (15) days actual suspension] of Mr. C. Gardner, by letter dated November 6, 2017, in connection with allegations that he violated CSX Transportation Operating Rules 100.1 and 104.3(d) was arbitrary, unsupported, unwarranted and in violation of the Agreement (Carrier's File 2017- 229156 CSX).
As a consequence of the violation referred to in Part 1 above, Claimant C. Gardner shall be fully exonerated, have all charges dismissed, be properly compen sated and given all benefits, rights and credits."

FINDINGS:

The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

The facts and circumstances in this case are identical to those in Case No. 375, the only differences being that the Claimant herein was a member of the gang working under the supervision

07/15/19