SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 52
Docket No. NEC-BMWE-SD-1798D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant was employed as a machine operator at Carrier's Tie
Rehabilitation Facility at Bear, Delaware. On March 27, 1987,
Claimant was notified to attend an investigation of the charge:
Violation of Rule 'F', Paragraph 2 of the Amtrak Rules of Conduct
which reads in part, "Employees will not assault, threaten, harass,
intimidate, fight or participate in any activity which could cause
bodily injury to other(s) . . . Employees, whether on or off duty,
will not disrupt or interfere with other employees in the
performance of their duties."
Specification: The incident which occurred at the Tie
Rehabilitation Facility, Bear, DE, on March 25, 1987, at
approximately 2:30 P.M., in which you were involved in an argument
with Track Foreman G. Wilson.
The hearing was held on April 9, 1987, and as a result, Claimant was
assessed a thirty working day suspension. The Organization thereafter
filed a claim on Claimant's behalf, challenging the suspension.
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 the violation of Rule F.
Therefore, the Carrier had the right to impose discipline.
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 it to be
unreasonable, arbitrary, or capricious. In the case at hand, the type
of wrongdoing engaged in by the Claimant often leads to discharge.
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Therefore, we find nothing unreasonable about the thirty (30) day
suspension that he received. Consequently, the claim must be denied.
Award:
Claim denied.
Ne tral Member
Carr~r~ Member ~~ rganization Member
Date:
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