BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
Case No. 1
PARTIES: Brotherhood of Maintenance of Way Employer
TO
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Thirty day suspension assessed M. A. Self, ID # 165689
as a result of investigation held March 30, 1990, at
Tampa, Florida."
FINDINGS:
Claimant was charged with failing to protec Bridgetender at Big Manatee River at Brandenton,
t
his assignment as
Florida; shift
commencing at 1600 hours. Further, on check roll received in Division
Accountant's Office on March 16, 1990, at 10:48 a.m., it was noted
that Claimant claimed eight hours straight time for March 11, 1990.
As a result, Claimant was charged with violation of a portion of Rule
500 which reads as follows:
Employer must report for duty at the designated time and
place, employer must not absent themselves from duty.
Claimant was also charged with violation of Portion of Rule 501 which
reads in part, as follows:
Employer must not be disloyal, dishonest, insubordinate,
immoral, quarrelsome, vicious, careless or incompetent.
Claimant was also charged with violation of Rule 515 which reads
as follows:
Time or wages must not be claimed on payroll, except for work
actually performed by the person whose name appears on the roll
and performed in accordance with agreed to rules. The actual
time that each member of a crew goes on and off duty must be
shown on the payroll, regardless of the assigned hours.
58A 103-7
Case
A formal hearing was held on March 30, 1990, and as a result,
Claimant was assessed discipline of a 30 calendar day suspension. The
organization thereafter filed a claim on Claimant's behalf,
challenging his suspension.
This Board has reviewed the evidence and testimony in this case
and we find sufficient evidence in the record to support the finding
that the Claimant was guilty of the charges.
At the hearing the Claimant admitted that he did not comply with
Rule 500 requiring an employee to report for duty on the dates that he
was required to do so. Moreover, the Claimant admitted that he turned
in time for working on the day in question in violation of Rule 515.
Once this Board has determined that there is sufficient evidence
to support the guilty finding, we next turn our attention to the type
of discipline imposed. This Board will not set aside a Carrier's
imposition of discipline unless we find its action to have been
unreasonable, arbitrary, or capricious.
In the case at hand the Claimant was found guilty of a very
serious offense and issued a thirty day suspension. This Board can
find nothing unreasonable, arbitrary, or capricious about that
discipline. Therefore, the claim will be denied.
Award:
Claim denied.
Neutral e
Carrier Member Organization Member
Date:
u
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