BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
Case No. 128
STATEMENT OF CLAIM: Claim of the Brotherhood that:
1. The disqualification as a foreman and thirty
(30) days' suspension of Claimant Michael J.
Brockmeyer on October 6, 1989, was unwarranted.
2. The Carrier disciplined the Claimant for
reasons thought by persons who were not at the job
site. There is no evidence that the Claimant did
anything wrong the night of the incident.
3. It is not proper for the Carrier to maintain
that the Claimant should have noticed something by
the way the employee looked some time later after
the incident.
4. The Claimant should be exonerated and
compensated. His record should be expunged of this
matter.
FINDINGS:
Claimant Michael J. Brockmeyer was employed by the Carrier
as a foreman.
On August 30, 1989, the Carrier notified the Claimant to
appear for a formal investigation in connection with the
following charge:
Violation of NRPC Rules of Conduct Rule A. obeying
the Rules of Conduct . . .
Violation of NRPC Rules of Conduct Rule B.
Safety . . .
Violation of NRPC Rules of Conduct Rule C.
Responding to Injury . . .
Violation of NRPC Rules of Conduct Rule D. Company
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Policies and Procedures . . .
Specification: In that on Tuesday, August 29,
1989, at approximately 2 a.m., in the vicinity of
Bowie Interlocking, you failed to take the required
action when Marion Tindall, an employee in your
charge, sustained a personal injury as a result of
an altercation with Mr. Walter Miciche, also an
-employee in your charge.
Violation of NRPC Rules of Conduct Rule F.
Employee Conduct (3) . . .
Specification: In that you were dishonest when you
stated to R. Coleman, Engineer of Track and
Structures, that you were not aware of an
altercation between Mr. Tindall and Mr. Miciche.
The hearing took place on September 21, 1989. On October 6,
1989, the Carrier notified the Claimant that he had been found
guilty of the charges against him, except for violating Rule F-3,
and was being assessed discipline of disqualification as a
foreman and thirty (30) days' suspension, with the understanding
that the Claimant may attempt to. requalify in one year.
On October 13, 1989, the Claimant appealed his discipline
and the Organization followed, on the Claimant's behalf, with a
claim on November 9, 1989, contending that the Claimant was not
aware of the incident in question in that he was involved in
piloting a burro crane at the time of the occurrence and, hence,
could not have committed an infraction of the rules regarding the
incident. The Carrier contends that the Claimant was the foreman
of both employees involved in the altercation on the date in
question and was responsible for supervising them. The parties
being unable to resolve the issues, this matter came before this
Board.
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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
obey the Rules of Conduct set forth above when he was presented
with evidence of an altercation and injuries between two
employees and Claimant failed to take the required course of
action. The record reveals that when one of the employees spoke
with the Claimant about the altercation, he was bleeding from the
nose and mouth and that Claimant offered no medical attention and
took no action in response to the incident.
Once this Board has determined that there is sufficient
evidence in the record to support the guilty finding, we next
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.
In the case at hand, the Claimant was issued a 30-day
suspension and he was disqualified from his position of foreman.
Given the past record of the Claimant and the nature of the
infraction of which he was found guilty, this Board cannot find
that the Carrier acted unreasonably when issued the discipline.
Therefore, the claim must be denied.
AWARD
Claim denied.
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