Brotherhood of Maintenance
of Way Employes Division - IBT Award No: 27 Claimant: J.L. Colvin
and File: D91700119/19-92741-ENG-BMWEAL
CSX Transportation, Inc.
The Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties (PLB Agreement) and that the Board has jurisdiction over the dispute.
By letter dated December 19, 2019, the Carrier informed Claimant J.L. Colvin to be in violation of CSX Transportation Rule(s) 704 and assessed discipline in the form of 60 calendar day actual suspension. Thereafter Claimant J.L. Colvin elected to handle the discipline via an expedited disciplinary handling process and the matter was forwarded to this Board for final adjudication per the terms of the PLB Agreement. The Board has reviewed the record and now issues the following decision, which is non-precedential in nature.
Award
Claim is sustained in full. The Carrier failed to meet its burden of proving with substantial evidence that Claimant violated Rule 704. Claimant is to be made whole.
Kathryn A. VanDagens Neutral Member Dated: August 1, 2019
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