SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 85
Docket No. NEC-BMWE-SD-2045D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant R.E. Waters, Jr., is employed as a trackman by Carrier
in Baltimore, Maryland. On October 10, 1987, Claimant was notified to
attend a formal investigation of the charge:
Violation of Amtrak Rules of Conduct, Rule "0", which reads in
part: "Employees must report for duty at the designated time and
place and must attend to their duties during assigned working
hours. Employees may not be absent from their assigned duty or
engage in other than Amtrak business while on duty or on Amtrak's
property without permission from their supervisor . . . ."
Specification: In that on Friday, October 16, 1987 at approximately
10:00 A.M. in the vicinity of Baltimore Station, you left your
assigned work area and engaged in business other than Amtrak
without the permission of your Supervisor.
The hearing took place on November 23, 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 a violation of Rule 0 of
the Amtrak Rules of Conduct. Therefore, the Carrier was within its
rights to issue discipline to the Claimant.
Once this Board has found 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 taken by
the Carrier to be unreasonable, arbitrary, or capricious. Given the
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q~c~_c3s
nature of the offense and the atrocious previous disciplinary record
of the Claimant, this Board cannot find that the action taken by the
Carrier was unreasonable, arbitrary, or capricious.
Award:
Claim denied.
4A:
Neutral Memb¢r
Carrier Membe 0 `an zation Member
Date:
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