Award No. 146
Case No. 157
System Docket No. CR-3092-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed J. B. Lavender on
June 1, 1987, in connection with being charged
with Insubordination by failing to follow the
instructions of a Supervisor and violation of
Safety Rule 3003 when he violated Municipal
Laws by driving Companv truck weighing 15 3/4
tons over a posted 3 Ton weight limit bridge.
Upon the whole record and all the evidence, after hearing,
the Board finds that the parties herein are carrier and
employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement
under Public Law 89-456 and has jurisdiction of the parties
and subject matter.
AWARD: Claim disposed of as follows:
Considering all factors involved and cognizant of the
municipal fine imposed upon claimant, we find the discipline
assessed to be excessive under the circumstances herein, and
it shall be reduced to a 30 day suspension. In addition,
claimant will be barred from operating a Company vehicle for
one year.
C. A.. Peacock, Neutr 1 Member
~Y
`~.r c
r
F. omzals ', Carrier Member Je odd, rganization Member
Issued this
~:3
rd day of
F4.dnv«,~v
, 1988.