SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 67
Docket No. NEC-BMWE-SD-1980D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant M. Colaianni is employed as a track foreman by the
Carrier at its Trenton, New Jersey, facility. On September 21, 1987,
Claimant was notified to attend a hearing in connection with the
following charges:
Violation of Rule F, Part 3,-of the National Railroad Passenger -Corporation Rules of Conduct (NRPC 2525 dated 9/85) which reads in
part as follows: Rule F . . . Employee Conduct . . . (Part 3)
Conduct involving dishonesty . . is prohibited. Employes must
conduct themselves on and off the job so as not to subject Amtrak
to criticism or loss of good will.
In that the NRPC 1894 (Daily Timesheet) dated September 17, 1987 as
submitted by yourself is incorrect relative to Labor Code (03)
which reflected one (1) hour of overtime.
The hearing took place on October 7, 1987, and as a result, Claimant
was assessed a thirty-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 submitting an incorrect
timesheet.
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
aside a c&rrier's imposition of discipline unless we find it to have
been unreasonable, arbitrary, or capricious. In the case at hand,
although there is a clear showing of wrongdoing on the part of the
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Claimant, the record reveals that the Claimant has served the Carrier
for over eight years with no previous disciplinary problems. The
action taken here by the Claimant, although deserving of discipline,
based on his record, does not justify a 30-day suspension. Therefore,
this Board must find that the discipline be reduced to a 10-day
suspension and Claimant be made whole for all lost pay resulting from
the arbitrary penalty imposed by the Carrier.
Award:
Claim sustained in part. The discipline is reduced to a 10-day
suspension and Claimant is to be made whole for all back pay after 10
days.
' Neutral Membe,
Carrier Member
Date:
on Member