SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 65
Docket No. NEC-BMWE-SD-1883
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On April 27, 1987, Claimant V. Coleman was employed as a trackman
by Carrier at its Odenton, Maryland, facility. On April 29, 1987,
Claimant was directed to attend an investigation of the charge:
Violation of the National Railroad Passenger Corporation - Amtrak's
Rules of Conduct, Rule-"F", #1, which reads as follows:
"All Employees are required to conduct themselves in a courteous
and professional manner in dealing with the public and other Amtrak
employees. Boisterous conduct or horseplay and profane and vulgar
language are prohibited."
Violation of the National Railroad Passenger Corporation - Amtrak's
Rules of Conduct, Rule "L" which reads as follows:
"Employees must obey instructions, directions, and order from
Amtrak supervisory personnel and officers except when confronted by
clear and immediate danger to themselves . . . Insubordinate
conduct will not be tolerated."
Specifications: In that on Monday, April 27, 1987 in the vicinity
of Milepost 103.5, No. 2 Track, at approximately 6:16 A.M., you
were insubordinate to Foreman E.L. Smith when instructed to put
clips and insulators on #2 Track, and used profane and vulgar
language. ._
The hearing took place on May 19, 1987, and as a result, Claimant
received a forty-five-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 offenses with which he
was charged.
Once this Board has determined that there is sufficient evidence
PA FED BMWE
1 AUG 13 19w:,
in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. This Board will not
substitute its judgment for the judgment of a carrier with respect
to the imposition of discipline unless we find the actions of the
carrier to have been unreasonable, arbitrary, or capricious. In this
case, a 45-day suspension cannot be found to be unreasonable given the
nature of the offense and the disciplinary background of the Claimant.
Therefore, the claim will be denied.
Award:
Claim denied.
Neutral Me b r
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Carrier Member
-61
r anization Member
Date:
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