SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 64
Docket No. NEC-BMWE-SD-1819
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On April 6, 1987, Claimant B. Winchester was employed as a
foreman by Carrier at its Odenton MW Base in Odenton, Maryland. On
April 8, 1987, Claimant was directed to attend an investigation of the
charge:
Violation of the National Railroad Passenger Corporation-Amtrak
Operating Rules and Instructions, Rule 910 which reads in part:
"Track Foremen are responsible for the safe condition of track and
roadway in their charge. When inspecting or performing work on
track, they will be governed by the prescribed standards. Whenever
track does not conform to these standards, they will immediately
take appropriate protective or corrective action."
Specifications: In that on Tuesday, April 7, 1987 at approximately
5:30 A.M. in the vicinity of Milepost 103.3, $2 Track, you failed
to take appropriate protective or corrective action for the safe
condition of track in your charge.
After a postponement, the hearing took place on April 21, 1987. As a
result, Claimant received a fifteen-day suspension; Claimant also had
to requalify on AMT-1, then bid on a foreman's job, and work,as a
trackman in the interim. The Organization thereafter filed a claim on
Claimant's, challenging the discipline. The discipline was
subsequently reduced to a 5-day 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
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in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. In this case, the
Carrier has already taken action to reduce the discipline to a 5-day
suspension. We cannot find the action of the Carrier in imposing a 5day suspension on the Claimant for the actions for which he was found
guilty to have been unreasonable, arbitrary, or capricious.
Therefore, the claim must be denied.
Award:
Claim denied.
y
Neutral M~m6er
Carrier Member ~5rgtTnization Member
Date:
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