SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 53
Docket No. NEC-BMWE-SD-1794D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant J.P. Warner was employed as a trackman by Carrier at its
Tie Rehabilitation Facility at Bear, Delaware. On February 11, 1987,
Claimant was notified to attend an investigation of the charge:
Violation of Amtrak Rules of Conduct, Rule 'L' which states, in
part, "Employees must obey instructions, directions, and orders
from Amtrak supervisory personnel and officers . . . .
Insubordinate conduct will not be tolerated."
Specification: The occurrence which happened in Tie Rehabilitation
Gang A-602 at Amtrak Bear Complex, Bear, DE, at approximately 12:50
p.m. on 1/30/87, at which time you refused to work in a light rain
condition.
The hearing was held bn February 18, 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 guilty finding.
Once this Board determines that there is sufficient evidence in
the record to support the finding of guilty, the Board next turns its
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 this case, the Claimant
received a thirty (30) day suspension for insubordination.
Insubordination often leads to discharge; and, therefore, we can find
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nothing unreasonable about the discipline imposed by the Carrier on
this Claimant. Therefore, the claim must be denied.
Award:
Claim denied.
t
' Neutral
IV
ber
Carrier M ber rganization Member
G'
Date:
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