Brotherhood of Maintenance
of Way Employes Division - IBT and
Award No: 29 Claimant: R. Matthews
File: DEA404020/20-97342-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 June 8, 2020, the Carrier informed Claimant R. Matthews to be in violation of CSX Transportation Rule(s) 104.2(a) and 104.4(a), and the CSX Code of Ethics and assessed discipline in the form of Time Served. Thereafter Claimant R. Matthews 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 The Board has reviewed the record and now issues the following decision, which is non-precedential in nature.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
The Carrier met its burden of proving with substantial evidence that Claimant violated CSX Transportation Rule(s) 104.2(a) and 104.4(a), and the CSX Code of Ethics. This Board has reviewed the procedural arguments raised by the Organization, and we find them to be without merit. The Claim is denied.
Kathryn A. VanDagens Neutral Member Dated: June 22, 2021
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