SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 81
Docket No. NEC-BMWE-SD-2006D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant R.G. Miller was employed as an EWE operator by Carrier
in Baltimore, Maryland. On October 6, 1987, Claimant was notified to
attend a formal investigation of the charge:
Violation of National Railroad Passenger Corporation Operating
Rules and Instructions, Rule 828, which reads in part: "Maximum
speeds, unless otherwise specified . . . All types of equipment
. . . When pushing track cars or trailers - 5 MPH."
Specification: In that on Thursday, October 1, 1987, you were
exceeding the maximum authorized speed for pushing track cars or
trailers on #7 Track Baltimore Station at approximately 5:15 in the
A.M., causing a derailment and extensive damage to Amtrak
equipment.
The hearing was completed on November 12, 1987, and as a result,
Claimant was assessed a forty-five-day suspension and was disqualified
for one year as Engineer Work Equipment. 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 violating the Carrier's
rules and instructions when he exceeded the maximum authorized speed,
causing a derailment and extensive damage to Amtrak equipment.
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 Carrier's imposition of discipline unless we find the action
of the Carrier to have been unreasonable, arbitrary, or capricious.
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Given the nature of the wrongdoing and the prior service record of the
Claimant, which includes a previous disqualification for violation of
an operating rule, this Board finds that there is no basis to set
aside the discipline issued to the Claimant by the Carrier.
Therefore, the claim must be denied.
Award:
Claim denied.
Neutral Member
J
Carrier Member rganization Member
Date:
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