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SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 60
Docket No. NEC-BMWE-SD-1800
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On March 20, 1987, Claimant K. Avens was employed by Carrier as a
member of an undercutter gang working at the MW Repair Facility in
Bear, Delaware. On March 24, 1987, Claimant was notified to attend an
investigation of the charge:
violation of Amtrak-Rules of Conduct, Rule F(3) which reads in
part: "Employees must conduct themselves on and off the job so as
not to subject Amtrak to criticism or loss of good will." and Rule
"L" which reads "Employees must obey instructions, directions and
orders from Amtrak Supervisory Personnel and Officers except when
confronted by a clear and immediate danger to themselves, property
or the public. Insubordinate conduct will not be tolerated."
Whereas: On March 20, 1987, at approximately 1:30 p.m. your conduct
at the Holiday Inn on Route 372 in Newark, DE was unbecoming of an
Amtrak Employee and put Amtrak in an unfavorable light and subject
to criticism.
The hearing took place on April 2, 1987, and as a result, Claimant was
assessed a fifteen-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 first reject the procedural arguments advanced by the
organization.
With respect to the merits, this Board finds that there is
sufficient evidence in the record to support the finding that the
Claimant acted in violation of the rules as charged. Once this Board
has determined that there is sufficient in the record, 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 knrl~
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have been unreasonable, arbitrary, or capricious. Given the nature of
the Claimant's offense, we find nothing unreasonable about the 15-day
suspension imposed by the Carrier. Therefore, the claim will be
denied.
Award:
Claim denied.
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Carrier Member /b~rganization member
Date: