BEFORE SPECIAL BOARD OF ADJUSTMENT 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION CO.
Case No. 194
Pf,~)A 4.
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STATEMENT OF CLAIM: Claim of the Brotherhood that:
1. The Carrier's decision to disqualify Mr. L. L. Soren as a track
supervisor, foreman and assistant foreman for alleged failure to
detect and take corrective action for a wide gauge condition on
June 27, 1990 was without just and sufficient cause and
capricious (Organization File 2PG-3350D; Carrier File 81-90-112).
2. Claimant L. L. Soren shall now be allowed the remedy prescribed
in Rule 19(d).
FINDINGS:
At the time of this incident, Claimant L. L. Soren was employed by the Carrier as
a track supervisor located at the Jewell Subdivision.
On June 27, 1990, the Claimant's crew installed eight crossties at Mile Post 53.7
before noon. In the afternoon, two Carrier supervisors inspected the area where the
crossties were installed and determined that the installation was not done according to
Rule 1005 which explains the proper procedure to be taken when installing crossties in
hot weather.
Subsequently, the Claimant was charged for failing to "detect and take corrective
action for a wide gauge condition at Webster City on the Jewell Subdivision..." He was
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found guilty as charged and disqualified as a track supervisor, foreman and assistant
foreman. The Organization filed a claim on behalf of the Claimant but it was denied.
The parties not being able to resolve the issues, this matter came 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 detect and take corrective action for the wide gauge condition on the
date in question. In the transcript it is clear that the Claimant was asked if he was
responsible to detect and arrange for the immediate correction of defects. He testified
that he was and he did not do that at that time. He stated, "We fixed it the next morning".
There is no question that the Claimant was guilty of the wrongdoing with which he was
charged.
Once this Board has determined that there is sufficient evidence in the record to
support the guilty finding, we next must 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 personnel record reveals that he has previously been placed on the
Carrier's discipline system and had actually been disqualified as a track foreman less than
one year before this incident. Since the Carrier has proven that the Claimant was not
properly performing his duty nor living up to his supervisory responsibilities, this Board
cannot find that the Carrier's action in disqualifying him from his supervisory position
was unreasonable, arbitrary, or capricious. Therefore, the claim will be denied.
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AWARD
Claim denied.
PETER .M YERS
Neutra Me ber
ci-- ~,_
Carrier ember ~ Or~zation Member
D D:
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DATED. 9G
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