BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (AMTRAK) -
Northeast Corridor
STATEMENT OF CLAIM: "Claim of System Committee of the Brotherhood
that:
1. The suspension of Machine Operator S. Cipot for
alleged violation of Rule F was arbitrary,
capricious and on the basis of unproven charges
(System File BMWE-D-170D).
2. The Claimant shall have his record cleared of
the charges leveled against him and paid for
all wage loss suffered.
FINDINGS:
The Claimant, Steve Cipot, a machine operator headquartered
in Chicago, was charged with allegedly making terroristic threats
on the lives of several carrier employees between the dates of
October 5 and October 19, 1991, in addition to displaying pistol
ammunition to another employee on September 23, 1991. The
Claimant was assessed the discipline of enrolling in the
Carrier's Employee Assistance Program, and the period up until
completion of the treatment would be considered a suspension
without pay.
The Organization contends that the Carrier failed to prove
its charges and relied mainly on hearsay. Therefore, the claim
should be sustained and all charges be removed from the
Claimant's record and Claimant should be made whole.
The parties being unable to resolve the issues, this
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matter came before this Board.
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 in violation of Rule
F. The record contains substantial evidence that the Claimant
issued terroristic threats on the lives on several members of his
gang during a trip to Lancaster, Pennsylvania in October of 1991.
The record also is clear that he displayed pistol ammunition that
he had in his possession while at work. The Claimant offers that
defense that the idea of killing was merely a dream. However,
there is no question that he was in violation of the Rule.
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 unless we find its
action to have been unreasonable, arbitrary or capricious.
In the case at hand, the Claimant was issued a 34-day
suspension during which time he was to enroll in the Carrier's
Employees' Assistance Program and complete it successfully.
Given the nature of the serious offenses involved here, this
Board cannot find that the Carrier's action was unreasonable,
arbitrary or capricious. There was a sufficient basis in the
record to support the discipline imposed by the Carrier.
Therefore, the claim will be denied.
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AWARD
Claim denied. j
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Carrier Member or nization Member
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