BEFORE SPECIAL BOARD OF ADJUSTMENT 986
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK - Northeast Corridor)
Case No. 164
STATEMENT OF CLAIM: Claim of the Brotherhood that:
1. The 90-day suspension of Truck Driver Robert Jones for alleged
violation of Rules K and D was without just and sufficient cause and
on the basis of unproven charges (System File NEC-BMWE-SD3184D).
2. The Claimant shall be exonerated, compensated for all time held out
of service, including overtime, and the discipline assessed against him
reversed.
FINDINGS:
On August 24, 1992, the Claimant, Robert Jones, a truck driver for the Carrier,
allegedly dropped off Carrier vehicle #AA22126 at Freedman's Truck Center for repairs
without informing anyone. Claimant did not show up for work on August 25, 1992, and
Carrier had no knowledge where its vehicle was.
On August 26, 1992, Claimant was questioned as to the whereabouts of the vehicle
and he informed the Carrier that he had dropped it off at Freedman's. However, when the
assistant supervisor visited Freedman's, he was informed that the no one had any
knowledge of the Carrier's vehicle ever being dropped off on the date in question. When
the assistant supervisor returned to camp, the vehicle was parked in the Carrier parking
lot.
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On September 1, 1992, when the Claimant was asked by the supervisor and the
assistant supervisor for an explanation as to where the vehicle had been between August
24 and August 26, 1992, he allegedly refused to answer.
On September 8, 1992, the Claimant was notified to appear for a formal
investigation to determine whether he had violated Carrier Rules of Conduct K and D.
Carrier Rule K prohibits theft, misappropriation or use for personal gain of Amtrak funds,
property or services. Carrier Rule D requires employees to understand and obey
Company and Department policies.
The Claimant was subsequently found guilty as charged and assessed the
discipline o£
a) Suspension of ninety (90) days. Forty-five (45) days to be served
with the remaining forty-five (45) days to be held in abeyance for
two (2) years; and
b) Suspension of forty-five (45) days in accordance with Letter of
Waiver of November 30, 1991 to begin at the conclusion of time
served in Paragraph (a).
On behalf of the Claimant, the Organization appealed the discipline imposed
contending that it was excessive and unwarranted since the Carrier failed to prove its
case.
The parties not being able to resolve the issues, this 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
guilty of violating Carrier Rules K and D. The record indicates that the Claimant had
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possession of the sole known set of keys. Moreover, the truck was missing from Amtrak
property on August 25, 1992, which is the same date that the Claimant was not at work.
Finally, his explanation that the truck had been dropped off for service was simply not
true.
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 actions
to have been unreasonable, arbitrary, or capricious.
Given the seriousness of the rule violations in this case, this Board cannot find that
the discipline issued to the Claimant was unreasonable, arbitrary, or capricious.
Therefore, the claim will be denied.
AWARD
Claim denied.
PETER ME *RS
Neutra Men er
_ -r
Carrier Membe Organiz on Member
DATED: /99 DATE : `~ `f
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