PUBLIC LAW BOARD NO. 7633
Brotherhood of Maintenance
of Way Employes Division - IBT and
Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
Case No: 119
Award No: 119
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
The Carrier's discipline (dismissal) of Mr. C. Corzine, by letter dated April 12, 2018, for alleged violation of Rule 1.6: Conduct - Dishonest was unwarranted, arbitrary and in violation of the Agreement (System File UP509JF 18/1705920 MPR).
As a consequence of the violation referred to in Part 1 above, Claimant C. Corzine's discipline shall be set aside, he shall be returned to service with rights and benefits unimpaired and he shall be made whole for all financial and benefit losses suffered as a result of the discipline, including vacation, retirement and all straight time and overtime worked by his gang, holiday pay and out of pocket medical payments."
FINDINGS:
Public Law Board No. 7633, upon the whole record and all the evidence, finds the parties involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction of the dispute herein; the parties were given due notice of hearing before this Board and they participated therein.
The Claimant was disciplined pursuant to a Notice of Investigation dated March 12, 2018, Investigation held March 23, 2018, "to develop the facts and determine your responsibility, if any, in connection with the below charge. On 03/08/2018, at the location of Nacogdoches, TX, near Milepost 277.83, Reisor Subdivision, at approximately 07:00 hours, while employed as a MIO (Mc) Multi Cr, you allegedly were Dishonest in completing your online Annual CBT Training. This is a possible violation of the following rule(s) and/or policy: I.6: Conduct - Dishonest. Under the MAPS Policy, this violation is a Dismissal event. Based upon
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your current status, if you are found to be in violation of this alleged charge, Dismissal may result."
In a discipline letter dated April 12, 2018, the Carrier found that "the evidence more than substantially supports the charges against you. The following charge has been sustained: On 03/08/2018, while employed as a MIO (Mc) Multi Cr, you were Dishonest in completing your online Annual CBT Training. This is a violation of the following rule(s) and/or policy: 1.6: Conduct - Dishonest. Additionally, Rule 1.6: Conduct stipulates that any act of hostility, misconduct, or willful disregard or negligence affecting the interest of the company or its employees is cause for dismissal and must be reported Indifference to duty or to the performance of duty will not be tolerated Based on your current record, you are hereby dismissed from all service with the Union Pacific Railroad "
The Organization appealed the discipline and the Carrier denied the appeals. The dispute was not resolved during a settlement conference and progressed to arbitration. This matter is now before the Board for final and binding resolution. The Board has carefully reviewed the entire record in this case, including the arguments and awards provided in support of the parties' respective positions, whether or not specifically addressed herein.
There is substantial evidence in the record to uphold the Carrier's discipline determination. The Organization's defenses are not persuasive. The discipline assessed by the Carrier was not arbitrary, capricious, or an abuse of discretion under the facts and circumstances of this record. Therefore, it will not be disturbed by this Board.
Claim denied.
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Dated: October 23, 2019
Derek Hinds Carrier Member
David M. Pascarella Organization Member