NATIONAL MEDIATION BOARD, ADMINISTRATOR SPECIAL BOARD OF ADJUSTMENT NO. 957 In the Matter of the Arbitration -between-

Brotherhood of Maintenance of OPINION AND AWARD
Way Employes Award No. 272
-and
Southeastern Pennsylvania
Transportation Authority

In accordance with the agreement In effect between the above-named parties, the Undersigned was designated as the

--C~tairman--and-Neutra3-Member-of -tie--ShPTA-BM13E-1'ublie--L-aw-$oard.

(the Board) to hear and decide the following Claim:

1. The Level 1 discipline imposed upon B&B Structural

Welder J. Graham, including the suspension served

from May 28, 2005 through and including June 9,

2005, for allegedly failing to follow a directive

on May 28, 2005 was excessive, unjust, unwarranted

and based on an unproven charge (SEPTA Grievance

05-038-F11).

2. As a consequence of the Carrier's failure to meet

its burden of proving the charges leveled against

the Claimant, he shall now be allowed compensation

for all wage loss suffered and all reference to

this incident shall be removed from his record.

A hearing was held in Philadelphia, Pennsylvania on June 26, 2007 at which time the representatives of the parties appeared. All concerned were afforded a full opportunity to offer evidence and argument and to examine and cross-examine witnesses consistent with the relevant procedures that exist between the parties. The Board met in Executive Session after the hearing. FINDINGS OF FACT AND OPINION OF THE BOARD

The record indicates that the present dispute arose due to

1

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an incident involving an alleged work assignment to the claimant on May 28, 2005. The Carrier terminated the Claimant. The organization challenged the discipline. The Carrier asserted that the discipline did not violate the Agreement as alleged by the Organization. During the preliminary steps of the grievance procedure, the Carrier reduced the termination to a suspension based on the good work record of the Claimant. The parties failed to resolve the remaining dispute about the suspension. The dispute proceeded to arbitration for a final and binding determination.
During the hearing the parties indicated that they had agreed to settle the instant dispute. As a result, the Award shall indicate that the Claim is dismissed.
Accordingly, the Undersigned, duly designated as the Chairman and Neutral Member of the SEPTA-BMWE Public Law Board and having heard the proofs and allegations of the above-named parties, makes the following AWARD:

The Claim is dismissed in accordance with the Opinion of the Board.

William L.~Capik
Employee Member
Concurring/Dissenting

DATED:

Robert L. D glas
Chairman and Neutral Member

e Sheridan
a ier Member
C ncurring/Dissenting