SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 88
Docket No. NEC-BMWE-SD-2150D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant C. Aliberti is employed as a trackman by Carrier in
Perryville, Maryland. On December 23, 1987, Claimant was notified to
attend a hearing in connection with the charges:
Charge(s): Violation of N.R.P.C. Rules of Conduct Rule L, which
reads: "Obeying Instructions, 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 N.R.P.C. Rules of Conduct Rule Q, which reads in part:
"When required, employees must take and pass examinations relating
to their physical or mental conditions, skills, and knowledge
needed for their jobs."
Specification: That you failed to present yourself for physical
examination as directed by letter dated December 15, 1987.
The hearing took place on March 21, 1988, and as a result, Claimant
was assessed a sixty-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 engaged in insubordinate conduct. The
record is clear that the Claimant failed to present himself for a
physical examination as he was directed by the Carrier.
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 it to have
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been unreasonable, arbitrary, or capricious. In this case, the
Claimant received a sixty-day suspension for his insubordinate
actions. This Board cannot find that the action taken by the Carrier
was unreasonable, and there o e the claim must be denied.
Neutral Member
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L64
Carri r Member rganization Member
Date:
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