SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 68
Docket No. NEC-BMWE-SD-1979D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant L. Vazquetelles is employed as a trackman by Carrier at
its New Brunswick, New Jersey, facility. On September 28, 1987,
Claimant was directed to attend a hearing in connection with the
following charges:
Violation of _(NRPC 2525) (September of 1985) Amtrak's General Rules
of Conduct, Rule "F" which reads in part:
"1. All employees are required to conduct themselves in a
courteous and professional manner in dealing with the public and
other Amtrak employee. Boisterous conduct or horseplay and profane
or vulgar language are prohibited."
"2. Employees will not assault, threaten, harass, intimidate . . .
Employees, whether on or off duty, will not disrupt or interfere
with other employees in the performance of their duties."
Specification: In that on Wednesday, September 16, 1987, at
approximiately 8:45 P.M., you addressed Mr. John E. Soete,
Assistant Supervisor, Tie/Rail Gang, in a threatening and
intimidating manner using profane and vulgar language which
disrupted other employees in the performance of their duties.
The hearing took place on October 5, 1987, and as a result, Claimant
was assessed a twenty-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 offense with which he
was charged.
Once this Board has determiend that there is sufficient evidence
in the record to support the guilty finding, we next turn our
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attention to the type of discipline imposed. This Board will not set
aside a carrier's imposition of discipline unless we find it to have
been unreasonable, arbitrary, or capricious. In this case, although
the Claimant has over eleven years of seniority, he has previously
received several letters of warning and a suspension. Therefore, this
Board cannot find that the action taken by the Carrier here was
unreasonable. Consequently, the claim must be denied.
Award:
Claim denied.
Neutral Member
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UW
Car ier ember ganization Member
Date:
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