a
BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
SOO LINE RAILROAD COMPANY
Case No. 22
STATEMENT OF CLAIM:
Appeal of Claimant Armando A. Gonzales' dismissal from the
Carrier's service.
FINDINGS:
Claimant Armando A. Gonzales was employed by the Carrier at its Muscatine, Iowa,
welding department.
On June 16, 1994, the Carrier notified the Claimant to appear for a formal investigation
into the charges that he allegedly absented himself from duty without authority on May 31, 1994,
and claimed compensation and submitted personal expenses for time not worked on May 31,
1994.
After two postponements, the hearing took place on September 23, 1994. On October 7,
1994, the Carrier notified the Claimant that he had been found guilty of all charges and was
being dismissed from the service of the Carrier effective that date.
On May 31, 1995, the Claimant advised the Carrier of his intention to appeal the
discipline under the provisions of the agreement of June 1, 1990, and this matter is now 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 to support the finding that the Claimant failed to protect his
assignment and then falsified time sheets and expenses for the work day of May 31, 1994. The
J
record reveals that the Claimant failed to contact his supervisor to get authority to be away from
his work and then allowed himself to be paid and submitted personal expenses for that date, even
though he did not show up for work.
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.
The Claimant's service record indicates that in his less than six years of employment with
the Carrier, he has been suspended for five days, twenty days, and ninety days for failing to
protect his assignment. In addition, he has been assessed a forty-five day suspension for another
offense prior to this incident. Given the seriousness of the offense of which the Claimant was
properly found guilty, and the previous disciplinary background that he has accumulated, this
Board has no choice but to find that the Carrier acted within its rights when it terminated his
employment. Therefore, the claim must be denied.
AWARD:
Claim denied.
I
y PET R R. ME ERS
Neutral Me beer
Dated: June 7, 1995
2