BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
PARTIES: CSX TRANSPORTATION, INC.
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Dismissal of R. S. Garren (ID# 177539) as a result
of a determination of guilt on the charge of
insubordination, vicious, and uncivil conduct, as
the result of investigation held on February 24,
1993.
FINDINGS:
Claimant R. S. Garren was employed by the carrier as a
travelling mechanic.
The Claimant in this case was removed from the service of
the Carrier on February 13, 1993. On February 19, 1993, the
carrier notified the Claimant to appear for a formal
investigation in connection with his insubordinate, vicious, and
uncivil conduct stemming from two telephone conversations with a
Mr. Wilson Bennett, Assistant General Supervisor of Work
Equipment of Waycross, Georgia, on February 11, 1993.
The hearing was held on February 24, 1993. On March 16,
1993, the Carrier notified the Claimant that he had been found
guilty of the charges brought forth against him and was being
assessed discipline of termination effective that date.
The parties being unable to resolve the issues, this matter
came before this Board.
This Board has reviewed the evidence and testimony in this
case, and we find that there is sufficient evidence in the record
5131 X03'7
C a. S e 30'2
to support the finding that the Claimant was guilty of engaging
in abusive and violent conduct in two telephone conversations on
February 11, 1993. At the hearing, the Claimant admitted that he
had made comments similar to those that he was charged with
making and explains it by stating that he was "upset," "running a
fever," and "wasn't feeling good."
Once this Board has determined that there is sufficient
evidence in the record 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 terminated from
service for the wrongdoing involved here. Although this Board
finds that the behavior of the Claimant was outrageous and
deserving of discipline, we find that the Carrier's action in
terminating the Claimant was unreasonable and excessive and there
was no just cause for it. The Claimant has served the Carrier
since 1981. Although he has received some previous discipline,
the wrongdoing involved here was simply not enough to support a
termination.
This Board believes that a lengthy suspension terminating
upon the receipt of this Award is the appropriate discipline for
this Claimant's wrongdoing. Therefore, we hereby order that the
Claimant be immediately reinstated, but without back pay. The
time that the Claimant was off shall be considered a lengthy
2
56A Ia3-1
Ga.5e 99
suspension.
AWARD
Claim sustained in part. The Claimant shall be returned to
work upon receipt of this Award, but without back pay. The time
that he was off shall be considered a leng-thy suspension.
P ERR. E`YER
Neutral ember
carrier Member
Organization Member