SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 61
Docket No. NEC-BMWE-SD-1814
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On January 20, 1987, Claimant R. Ripple III was employed by
Carrier as a gang foreman at Odenton P.W Base in Odenton, Maryland. On
January 27, 1987, Claimant was notified to attend an investigation of
the charge:
Violation of Amtrak's Maintenance of Way Employees Safety Rules and
Instructions, Rule 4001 (a) which reads in part: "The immediate
supervisor shall: (a) be responsible for safety instructions and
-safe performance of all the men under his jurisdiction including
employees from another department or gang."
Specification: In that on January 20, 1987 in the vicinity of
Odenton, MW Base, at approximately 11:45 P.M., employees under your
supervision were working and allowed to work in an unsafe work
practice.
After two postponements, the hearing took place on March 3, 1987; as a
result, Claimant received a seven-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 allowing employees under
his supervision to work in an unsafe
manner. The
Claimant's failure
to ensure the safe performance of the employees under him was a
violation of Rule 4001(a).
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
1
aside a carrier's imposition of discipline unless we find it to be
unreasonable, arbitrary, or capricious. In this case, the Claimant
received a seven-day suspension. Given the nature of the offense and
his previous work record, we can find nothing unreasonable about the
extent of discipline issued. Therefore, the claim must be denied.
Award:
Claim denied.
J'Iiii
Carrier Member 0~'ganization Member