BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
Case No. 13 :-
PARTIES: SOO LINE RAILROAD COMPANY
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Appeal of Claimant Robert A. Lucansky's
suspenion on May 11, 1993.
FINDINGS:
Claimant, Robert A. Lucansky, was employed by the Carrier as
a laborer in Besenville, Illinois.
On April 20, 1993, the Claimant was informed by letter from
the Carrier to appear for a formal investigation to determine
whether or not he was guilty for allegedly,walking off the job
and leaving work without authority on April 14, 1993. As a
result of this investigation, the Carrier found the Claimant
guilty as charged and suspended him for twenty days.
On May 17, 1993, the Claimant appealed this matter to the
Special Board of Adjustment.
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 walking
off the job and leaving work without authority on April 14, 1993.
At the hearing and in his written statement, the Claimant admits
that he did not have permission to leave and, yet, left work
because of a -dispute with his fellow employees. That admission
is certainly enough to substantiate the finding of guilty of the
rule violation.
lo~bn3
Once this Board has determined that there
as
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.
The Claimant's personal record indicates that in June of
1992, the Claimant received a ten-day suspension for
insubordination and abusive conduct. Given that previous
disciplinary record and the serious nature of the violation here,
which often leads to termination, this Board cannot find that the
Carrier acted unreasonably or arbitrarily when it issued a
twenty-day suspension to the Claimant. Therefore, the claim will
be denied.
AWARD:
Claim denied.
I `
0
PETER R. MNYERNeutral Me ar
$
/ Dated: July 14, 1993
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