System Docket No. MW-2475
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed G. F. Hasbrouck on
February 12, 1992, in connection with being charged
with failure to follow instructions to report for a
medical evaluation.
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:
Subsequent to an on duty injury claimant was instructed
by certified mail to report for a medical evaluation.
Records show the post office attempted 3 deliveries
however claimant failed to accept his mail, therefore
in the Board's judgement he must bear the consequences of
his actions and we concur with carriers conclusion that
discipline was warranted. However, without diminishing
the seriousness of this matter, the Board does take into
account claimants prior discipline record and 13 years
of good service and determines that the discipline
assessed is excessive. Therefore, claimant shall be
restored to service and the discipline will be modified
to a 6 month suspension. This lengthy suspension without
pay should emphasize the gravity of this situation.
C. A. Peacock, Neutral Member
A
F. J mz ski, 3Carrier Member Jed Dod , Organization Member
m
Issued this
1 1 t.h day of
'1·r,.nh~.r
. 1992.