Award No. 309
Case No. 309
System Docket No. MW-1467
SPECIAL BOARD OF ADJUSTMENT N0. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed J. A. Crummel on
November 15, 1990, in connection with being charged
with failure to follow instruction of Track
Supervisor to check crosslevel and profile after
passage of every train over active sink and
violation of Rules D &T. Also, falsification
of time documents.
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:
While mitigating factors may have led claimant to leave
his assignment for a questionable period of time, they
did not absolve him from his responsibility to protect
his assignment, therefore, the established evidence is
convincing that claimant was guilty of the offense.
However, taking into account his 26 years of service
prompts this Board to afford him one last chance to
prove that he can be a reliable employee, therefore,
claimant is to be restored to service but without any
compensation for lost time.
C.-Aacoc
, Neutra.
F. J. Zomza sc , arrie'~r Member Je Do Organization Member
Issued this
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day of . 19·