SPECIAL BOARD OF ADJUSTMENT NO. 986

Case No. 54

Docket No. NEC-BMWE-SD-1732D

PARTIES: Brotherhood of Maintenance of Way Employes TO

DISPUTE: National Railroad Passenger Corporation (Amtrak)'

FINDINGS:

Claimant M. Ross was employed as a B&B mason foreman by Carrier at its Adams M/W,Base. On January 9, 1987, Claimant was notified to attend an investigation of the charge:

Alleged violation of Rule F, Parts 1 & 2, of the Amtrak Rules of Conduct, which reads in part,

Part 1: "All employees are required to conduct themselves in a courteous and professional manner in dealing with . . . other Amtrak employees."

Part 2: "Employees will not assault, threaten, harass, intimidate,

.injury to other employees while on duty or on Amtrak property or

using Amtrak equipment . ."; in connection with the incident that

occurred on January 7, 1987 at approximately 2:00 p.m. between

yourself and Michael Mangus.

After a postponement, the hearing was held on February 9, 1987; as a

result, Claimant was assessed a ten-day suspension, which was held in

abeyance for a year. 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 hereby find that since the ten (10) day suspension was held in abeyance for one (1) year and it has since been expunged, this claim can be dismissed. The Claimant apparently was on good behavior for the one (1) year period after February 9, 1987; and, therefore, the ten (10) day suspension that was held in abeyance has been expunged from his record. Therefore, the claim will be dismissed.

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