J ,
BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
SOO LINE RAILROAD COMPANY
Case No. 25
STATEMENT OF CLAIM:
Appeal of Claimant Jorge F. Mendoza's 40-day suspension
from the Carrier's service.
FINDINGS:
On August 25, 1995, the Claimant was notified to appear for a formal investigation
to determine his responsibility, if any, in connection with his continued excessive
absenteeism when he allegedly failed to protect his assignment on August 7, 14, 15, 16,
17, 18, and 22, 1995.
On September 22, 1995, the Claimant was notified that he was found guilty as
charged and, therefore, he was being assessed a 40-day suspension from service.
The Claimant filed his appeal, challenging the Carrier's decision
The parties being unable to resolve the issue, this matter comes 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 was
guilty of failing to protect his assignment on seven days in August of 1995. That action
on the part of the Claimant was a clear violation of the Carrier rules which state that it is
0
the employees' responsibility to be at work promptly on each day.
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 record reveals that he began his employment with the Carrier in
1990. He was issued a ten-day suspension for excessive absenteeism and tardiness in
June of 1994 and a 20-day suspension for excessive absenteeism in January of 1995.
Consequently, this Board cannot find that it was unreasonable or arbitrary to issue the
Claimant a 40-day suspension for this latest similar incident of wrongdoing. The
Claimant should be put on notice that any future incidents of this kind will most assuredly
result in more serious discipline or discharge.
AWARD
Claim denied.
P TER R. Rs
Neutral Member
Carrier Member
J
Organizaiion Member
DATED: DATED: