PUBLIC LAW BOARD NO. 7544
Brotherhood of Maintenance of Way Employees Division • IBT
Rail Conference
and Case No. 91
AwardNo.91
System File No. D-120-17-445-45
SOO Line Railroad Company (CP)
Background
On October 30, 2017, the Carrier issued to Claimant J. Rajewsky a notice of formal investigation and hearing. The notice stated, in part, the following:
"The purpose of the investigation/hearing is to determine all the facts and to place responsibility, if any, in connection with youallegedly failing to properly request and verify your Track Bulletin Form Bon October 23, 2017. This indicates a possible violation of, but is not limited to, the following rules:
On November 9, 2017, the investigation and hearing convened wherein Claimant and his representative presented testimony and examined the Carrier's witness and five (5) exhibits.
On November 22, 2017, the Director OCS and Ballast issued a decision letter stating that the record of the proceeding established Claimant's rules violations as charged. Based on substantial evidence, severity of the incident, and Claimant's disciplinary history, CP dismissed Claimant from service.
On January 19, 2018, the Organization and the Carrier agreed to progress Claimant's discipline dispute for resolution before this Board using the abbreviated procedure in Paragraph (K) of the PLB Agreement.
Findings
Public Law Board No. 7544, upon the whole record and all the evidence, finds that the parties herein are Carrier and Employes within the meaning of the Railway Labor Act, as amended; that the Board has jurisdiction over the dispute herein; and that the parties to the dispute were given due notice of the hearing and did participate therein.
Consistent with the PLB Agreement for this Board, the evidentiary record in this proceeding is comprised of the following: (A) notice of investigation, (B) transcript of investigation and all related exhibits, (C) discioline assessment letter and (D) on-property correspondence related to progression of the claim.
PLB No. 7544
Case No. 91
Award No. 91
After receipt of the parties' submissions, the Board was notified that the dispute had been resolved on property. With the dispute resolved, the Board dismisses the claim .
Award Claim dismissed.
Patrick Halter Neutral Member
'a7
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Anthony Mosso Carrier Member
Dated day
of 2019
Ryan Hidalgo Organization Member
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