Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
-and-
Delaware and Hudson Railroad Company d/b/a Canadian Pacific Railway
Award No. 54
Case No. 54
Canier's File 8-00984 DHR
The discipline (five (5) day actual suspension and payment of fom hundred fifty-two dollars and fifty-two cents ($452.52) in restitution] imposed upon Mr. D. Hunt by letter dated May 20, 2014 in connection with an alleged incident that occuned at the Best Western Inn at Smithfield on April 22 and 23, 2014 was arbitrary, capricious, without just and sufficient cause and in violation of the Agreement
As a consequence of the violation refencd to in Pait 1 above, we request that Claimant D. Hunt have his record cleared of this discipline and that he be compensated all losses suffered due to the Canier's discipline and afforded all other relief as contained in the Organization's letter of appeal dated July 10, 2014.
This Public Law Board 7357 finds that the parties are Carrier and Employee, within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.
By lette1· dated May 20, 2014, the Claimant, Mr. Danen Hunt, was notified that he was assessed a 5 day suspension as follows:
Dear Sir:
As a result of the facts developed at the fo1mal investigation hearing, Tuesday May 6111, 2014 you have been found in violation of GCOR Rule 1.5, 1.6 and 1.9. Your record has been accessed with a 5 day suspension, to be served. This suspension will begin on Monday, June 2nd, 2014 to June 6111, 2014 with an expected return to work the date of June 9°1, 2014.
PLB No. 7357
Award No. 54
Also Mr. Hunt are to make restitution all damages at Best Inn at Smith Field in the amount of $452.52. The check is to be made in that amount ($452.52) payable to Canadian Pacific and mailed to: (must be received within 10
Peter Imbrogno-Mgr. Crew Lodging
Wl 499, Canadian Pacific Headqua11ers - Ogden 7550 Ogdendate Road SE
Calgary, AB T2C 4X9, Canada
s/Andre Lafleur
Director of Track Renewal US East
The Organization appealed the discipline, and the matter has been progressed to this Board for adjudication.
No basis exists in the record before this Board to set aside the discipline assessed in this
case on procedural grounds.
We find that substantial evidence of record including the Claimant's own testimony supports the Ca11·ier's determination that he was in violation of OCOR 1.5, 1.6, 1.9 and Camp Rules 1.8 and 2.6 in that he damaged the motel's mattress and had alcohol in his room (Sec, Tr. I 8). We find from the entire record that the discipline assessed of a five-day suspension is neither arbitrary, capricious nor excessive. We must deny this claim.
Carrier Member
Dated:- 12/7/17--------
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