SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 55
Docket No. NEC-BMWE-SD-1778D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant
R.
Avens was employed as a
M/W
repairman at Carrier's
Undercutter Unit at Bear, Delaware. On February 19, 1987, Claimant
was notified to attend an investigation of the charge:
Violation of Rule '0' of Amtrak Rules of Conduct which states, in
part "Employees must report for duty at the designated time and
place and must attend to their duties during assigned working
hours. Employees may not be absent from their assigned duties or
engage in other'than Amtrak business while on duty . . ."
Specification: On February 6, 1987, you left Amtrak property at
approximately 9:00 o'clock a.m. with the U/C bus driver and
conducted personal business until 9:45 a.m. while on duty at
Amtrak.
After two postponements, the hearing was held on March 19, 1987; as a
result, Claimant was assessed a ten 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 offense with which he
was charged.
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. In this case, the
Claimant received a ten (10) day suspension. We can find nothing
unreasonable regarding that discipline, considering the nature of the
offense. We, therefore, deny the claim.
1
qgc~-ss
Award:
Claim denied.
,'
li v .~
Neutral Membe/r~
Carrier Member Or anization Member
U
Date:
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