SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 66
Docket No. NEC-BMWE-SD-1867
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant K. Bingham is employed as an EWE operator by Carrier.
On June 16, 1987, Claimant was directed to attended investigations of
the following charges:
Violation of NRPC (Amtrak) 2525 (9/85) Rules of Conduct, Rule "0"
which reads in .part: "Rule 0 . . . Employees must not be absent
from their assigned duty or engage in other than Amtrak business
while on duty or on Amtrak property without permission from their
supervisor . . .!' in that
Specification #1:
On June 15, 1987 at the T.L.S. Camp located on Spring Road on
the Atlantic City Line, Winslow, New Jersey you were instructed by
Track Supervisor, Mr. M. MacAdams at 6:15 a.m. to report at 7:30
a.m. to the TLS Office car to be transported to and from
Philadelphia, PA, in order to attend your scheduled physical. You
failed to appear at the designated time and place and left Amtrak
property without permission.
Violation of NRPC (Amtrak) 2525 (9/85) Rules of Conduct, Rule "L"
which reads in part: "Rule L . . . 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 . . " in that
Specification #2:
On Monday, June 15, 1987 at the T.L.S. Camp located on Spring
Road, Atlantic City Line, Winslow, New Jersey you failed to comply
with instructions issued to you by Track Supervisor, Mr. Michael
MacAdams at 6:15 a.m. in connection with taking a physical as
outlined in the Northeast Corridor "Special Instructions" Rule No.
1008-A1 Employee Physical Examinations
which was
scheduled for you
at 10:00 a.m. on Monday, June 15th, 1987.
The hearing was held on June 29, 1987; as a result, Claimant received
a thirty-day combined suspension. The Organization thereafter filed a
claim on Claimant's behalf, challenging the suspension.
PA FED BMWE
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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
in the record to support the guilty finding, we next turn our
attention
aside a
of the carri
to the type of discipline imposed. This Board will not set
carrier's imposition of discipline unless we find the action
er to have been unreasonable, arbitrary, or capricious.
In this-case, given the nature of the offense and the disciplinary
record of the Claimant, we cannot find that the 30-day suspension was
unreasonable. Therefore, the claim will be denied.
Award:
Claim denied.
Carrier Member
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ganization Member