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BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
Case No. 15
PARTIES: SOO LINE RAILROAD COMPANY
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Appeal of Claimant John A. Davis, Sr.'s 20working day deferred suspension, with a one-year
probationary period.
FINDINGS:
Claimant John A. Davis, sr. was employed by the Carrier as a
machine operator.
On June 2, 1993, the Carrier notified the Claimant to appear
for a formal investigation into charges that on May 24, 1993, at
approximately 0845 hours near MP 90, North Milwaukee, Wisconsin,
he was responsible for the collision between a tie crane and a
tie inserter from Crew X36.
The hearing took place on June 11, 1993. On June 23, 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 a 20-working day deferred suspension, with a oneyear probationary period, effective that date.
On June 25, 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 the
negligent behavior with which he was charged. The record is
r
clear that the claimant did not perform as he was instructed,
which led, in part, to the accident.
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.
Given the nature of the infraction for which the Claimant
was responsible and the previous disciplinary history of the
Claimant, this Board cannot find that the action taken by the
Carrier was unreasonable, arbitrary, or capricious. Therefore
the claim will be denied.
AWARD:
Claim denied.
PETER . M Neutra ber
Dated:
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