BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CANADIAN PACIFIC RAILWAY COMPANY
Case No. SO
STATEMENT OF CLAIM:
Appeal of Claimant Jose E. Gallegos
FINDINGS:
On May 6, 1998, the Claimant was notified by the Carrier to appear for a formal
investigation into the charges of his alleged failure to protect his assignment on a full time
basis when he walked off the job without authority on April 21, 1998, while working in
Bensenville, Illinois. The investigation was held on May 20, 1998, and it was determined
that the Claimant was guilty as charged. Consequently, the Claimant was assessed a five
(5) day suspension.
The Organization filed the instant claim on behalf of the Claimant under the
provisions of the Agreement.
The parties being unable to resolve the issues, this matter comes before this Board.
This Board has reviewed the record 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 a full time basis when he walked off the job
without authority on April 21, 1998.
I
b(l o
-5D
Once this Board has determined that there is sufficient evidence in the record to
support the guilty finding, we nekt 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.
A review of the Claimant's record shows that he has been employed since July of
1993 and that this is the first such incident of this kind. Given the previous disciplinary
record, this Board cannot find that a five calendar day suspension was unreasonable,
arbitrary, or capricious. Therefore, the claim must be denied.
AWARD
Claim denied.
J~4
PETER . MEYER ,Neutral ember
Dated: July 27, 1998
2