BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 924
Case No. 169
IqujQ(-d1143
PARTIES: Brotherhood of Maintenance of Way Employees
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Commitee of the
Brotherhood that:
1. The ten (10) day actual suspension assessed Claimant A.
Perkins, section foreman, was unfair, capricious, and must
not stand (Organization File 9KB-4448 D; Carrier File 81-89
44).
2. Claimant Perkins shall have discipline removed from his
record and be compensated for all time lost in accordance
with Rule 19 (d).
FINDINGS:
Claimant A. Perkins was employed as a section foreman at the
Carrier's Proviso Yard.
On December 1, 1988, Carrier notified the Claimant of the
following charge:
Your responsibility for not reporting for your assignment at
your starting time on November 28, 1988.
After one postponement, the hearing was held on December 12, 1988; and
on December 15, 1988, the Carrier notified the Claimant that he had
been found guilty of the charge and was assessed discipline of a tenday suspension commencing December 19, 1988.
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 being late for duty on
November 28, 1988. He made no attempt to advise the Carrier
of the reasons for his late reporting.
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.
In the case at hand, the record reveals that the Claimant has
received several warnings for attendance and that he had recently been
suspended for five (5) days for a similar offense. Given that
disciplinary history, this Board cannot find that the ten (10) day
suspension issued by the Carrier was unreasonable, arbitrary, or
capricious. Therefore, the claim must be denied.
AWARD:
Claim denied.
Organization nber
Date:
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PETER R. MEY
Neutral Memur