BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: CSX Transportation, Inc.
STATEMENT_OF_CLAIM: "Claim of the System Committee of the Brotherhood
that:
Dismissal of D.A. Hart, ID #165888, as a result of
investigation held March 16, 1990, at Tampa, Florida."
FINDINGS:
A formal hearing was held on March 16, 1990, in connection with
charges placed against Claimant for violation of the law and conduct
which may damage the Company's reputation. As a result, Claimant
was dismissed from service. The organization thereafter filed a claim
on Claimant's behalf, challenging his dismissal.
This Board has reviewed the evidence and testimony in this case
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of the rule violations with
which he was charged. There is no question that he entered a plea of
nolo contendre to charges of burglary and dealing in stolen property.
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, given the nature of the wrongdoing, this
Board cannot find that the Carrier acted arbitrarily or unreasonably
when it terminated the Claimant's employment. Therefore, the claim
will be denied.
Award:
Claim denied.
Neutral
MV
r
Carrier -Member
Date:
GOA
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Organization~i ember