PUBLIC LAW BOARD NO. 7887


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Brotherhood of Maintenance

of Way Employes Division - IBT


and

CSX Transportation, Inc.

Award No: 30

Claimant: P. B. McPheeters File No.: 363581


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 November 30, 2021, the Carrier informed Claimant P. B. McPheeters to be in violation of CSX Transportation Rule(s) M003C- Use of Claw Bar and assessed discipline in the form of 2 Days Actual Suspension and Corrective Training Discussion. Thereafter Claimant P. B. McPheeters 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 The Board has reviewed the record and now issues the following decision, which is non-precedential in nature.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) M003C- Use of Claw Bar. This Board has reviewed the procedural arguments raised by the Organization, and we find them to be without merit. The Claim is denied.


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Kathryn A. VanDagens Neutral Member

Dated: October 10, 2022



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