SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 80
Docket No. NEC-BMWE-SD-2047D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant A. Mackey is employed as a trackman by Carrier in
Baltimore, Maryland. On November 9, 1987, Claimant was notified to
attend a formal investigation of the charge:
Violation of Amtrak Rules of Conduct, Rule "L", which states:
"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. Insubordinate conduct will not be tolerated."
Violation of Amtrak Rules of Conduct, Rule "F", Part 1, which
states: "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 or vulgar language are prohibited."
Specification: Whereas on Wednesday, November 4, 1987, in the
vicinity of Paul interlocking at approximately 11:00 A.M., you were
insubordinate to General Foreman Trevor Patience when he directed
you to report to the office of the Track Supervisor. Additionally,
you demonstrated a boisterous and uncourteous attitude toward Mr.
Patience.
After four postponements, the hearing took place on January 13, 1988,
and as a result, Claimant was assessed a fifteen-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 violating Rule L in that
the Claimant used boisterous conduct and vulgar language.
Once this Board has determined 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 disicpline 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, the Claimant was assessed a 15-day suspension for
activity which often leads to discharge. This Board cannot find that
the Carrier's action was unreasonable, arbitrary, or capricious.
Therefore, the claim must be denied.
Award:
Claim denied.
Neutral Membe~
,s
Car 'er Memb /
Date:,
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