PUBUC LAW BOARD N0. 7544
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AwardNo.64
Background
On October 4, 2016, the Can1er lmted to Claimant T. Marsland anotrc:.Qf formal lnvestlgatfon and hearing.The notice stated, In part, thefollowlnf:
"The purpose of this Investigation Isto determinethetactsand clrcun1$tan* and to place responslblllty, lfany, In connection.with your alleged tallure to enter time· for the Minot Weldfng Crew In atimelymanner per the direction of your supervisor
on October 3"',1016. This indk:ates a possible violation of, but is not limited to, the
foflowfna rules:
GCOR1.H·R111ort1111 and Cqmplylna withtnstructlonl,"
On October 18,1016, the formaUnvestlgatlon and hearing convened wherein Claimant and his representatlvewereafforded the opportunity to present testimony aodotherll'!ldence as wellas examine the carrier's witness and two (2) exhibits.
On November 1, 2016, the Senfqr Track M,maser notiffedClalmantthat the record of the proceedtn1 e$tabllshed Claimant's \Jlolatlon of GCOR 1.13ascharsed. Based on the rule vlolatfon ;ind Clalmant's prior personal record,.the Carrier assessed Claimant athirty (30) dav deferredsuspension, with zero (0) daysserved. Additionalfy, the Carrier disqualified Claimant from his current position of Foreman and he was not permitted to bidon thepositions Track Inspector Group 1 or Track Foreman Group 2(a) for two.
(2) years. After the two (2) years; passed, Claimant could bfd on the positions provided he has
completed CP*s track Inspector tralrlln1t course.
On December 12, 2016, the Organization and thaCan1er agreed to progress Claimant's disdplfne
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dispute for resolution before this Board using the abbreviated proc::edure provided for InParapaph (K) ofthe PLB Agreement.
Findings
Publtc Law Board No. 7544, uponthewhole record and anthe evidence,, finds that the parties herein are Carrier and Employes within the meaning of the Railway Labor Act, asamended; thatthe Board has jurisdiction over thedispute herein; and that the parties to thedisput&were given d\H!rtotlof th• hearing anti did participate therein.
Consistent with the Pl8 Asreement for thisBoard, the evldenttary record In this proceeding ls mprised of thefollowing: (A) nc»tlce of lnvestlptlon, (8)transcript of Investigation.and all related exhibits, (C) dlsclpllne assessment letter and (D}on-property rrespondence related to pro on of theclaim.
At theoutset of the hearing; the Organlutlon objected to the carrier's recordatlon ofthe proceeding
with the transcrlptionlst located at an off-site, remote location. The Board findsthe transcript of the proceeding(Qmplete and accurate which rssufficient fQr the.Board to render a decision.
On Ottober 3, 2016, the Roadmaster attempted to approvethe electronlc trnte records foraalmant anc:I a co-worker on thewelding crew, The Roadmaster discovered thatfc!r sixteen (16) calendar daysor ten
(10) workdays durtna.the period of September 15- October 3, Claimant had not entered timefor himself ortheco worket althoughhehad a record of theirtime In his book, Claimant statesthat entering time: lrt theelectronicsystem isnot complicated. nsumesfive (SI to ten (1Q}minutes and he had accessto a: computer. Claimant, a Wetder Foreman, Is responsible forenterln1thecrew's time In a timely manner. that Is, dally or at least seyeral times a week.,.the Roadm11ster hascommunicated thatexpectation to
foremen lncludln1 aaimant who has metthat expectation Inthe past butdid not meet the expectation
In this situation.
The Board finds there tssubstantial evidence to support the Carrier's po.sitlon that Claimant violated GCOR 1.13, Reporting and Complying with Instructions. The 30-day deferred suspension Iscorrective. The Board finds, however, that the Carrier's dlSquallflcatlon of Claimantfrom his Foreman position and prohibition on Claimant from blddfns onTrack Inspector Group1 or Track Foreman Group l(a) fortwo
(2) years Is punitive and not corrective Ther t'ore, the dlsquallflcatton and prohibition arerescinded.
Claim sustained In part In accorqance with the finding,.
Patrick Halter
Neutral Member
Anthony Mosso Carrier Member
Ryan Hldalso
Organization Member
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Dated this day
of Jl2J$•• 2011
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