SPECIAL BOARD OF ADJUSTIONT N0. 541
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
Erie Lackawanna Railway Company
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement when Work Train Foreman
Kelley B. Jackson was assessed five
(5)
days actual suspension as
discipline, not justified, account of alleged violation of Rule 0.2
of Carrier's General Rules, on August 29, 1967.
2. Claimant, Work Train Foreman K. B. Jackson be now compensated for the
time lost and his record be cleared, because of the Carrier's violation
of the Agreement referred to in Part 1 of this Claim.
FINDINGS:
This dispute centers on a five day suspension administered to claimant,
a work train foreman, for insubordinate and quarrelsome conduct.
Considering the record in its entirety, including evidence that when he
was asked by Assistant Track Supervisor Pearson why he had not unloaded a car
as instructed, he replied that he had forgotten more than Pearson ever knew
and was quarrelsome, we find no basis for substituting, our judgment for that
of Carrier that a five-day suspension was warranted. Claimant's testimony was
not persuasive' since he even denied that any quarrel took place, although not
only Pearson but two of claimant's fellow-laborers testified that an argument,
whatever its merits, did occur between claimant and Um. Pears on.
AWARD: Claim denied.
Adopted at Cleveland, Ohio, October 16, 1974.
/s/ H. M. Weston
H. M. Weston, Chairman
Facts in Award are erroneous
/s/ R. A. Carroll /s/ A. J, Cunningham - Dissenting
R. A. Carroll, Carrier Member A. J. Cunningham, Employee Member
Award No.
50