SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 69
Docket No. NEC-BMWE-SD-1938D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant V. Coleman is employed as a machine operator by Carrier
at its Odenton, Maryland, facility. On July 1, 1987, Claimant was
directed to attend a hearing in connection with the following charges:
Violation of National Railroad Passenger Corporation, Amtrak, Rules
of Conduct, Rule K, which reads in part:,
"Employees will not destroy, deface, vandalize or waste Amtrak
property."
Specification: In that on Wednesday, June 24, 1987 at approximately
1:50 a.m. in the vicinity of Amtrak property at Stoney Run, MP
106.9, you failed to stop Compactor N2313 and ran into Ballast
Regulator A4250.
After two postponements, the hearing took place on September 22, 1987.
As a result of the hearing, Claimant 'w'as assessed a sixty-day
suspension and requalification on AMT 1 and 2. The Organization
thereafter filed a claim on Claimant's behalf, challenging the
discipline.
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
in the record to support the guilty finding, we next turn our
attention` to the type of discipline imposed. Although the Claimant
has over eleven years of seniority with the Carrier, his prior service
record reveals several letters of warning and three previous
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suspensions, the most recent of which was a 45-day suspension.
Consequently, this Board cannot find that a 60-day suspension for his
wrongful behavior in this case was unreasonable. Therefore, the claim
must be denied.
Award:
Neutral Membe
d
Carrier Membe rganization Member
Date: /dl'f
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