SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 89
Docket No. NEC-BMWE-SD-2154D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant M. Tindall was employed as a trackman by Carrier in
Baltimore, Maryland. On April 5, 1988, Claimant was notified to
attend a hearing in connection with the charge:
violation of Amtrak's Rules of Conduct, Rule "F" (2), which states:
"Employees will not . . threaten . . intimidate . . . or
participate in any activity which could cause bodily injury to
other Amtrak employees. Employees, whether on or off duty, will
not disrupt or interfere with other employees in the performance of
their duties."
Specification: In that on March 30, 1988, at approximately 9:10
a.m., you did verbally threaten to kill Assistant Supervisor of
Track, David M. Brown, while engaged in telephone conversation with
him.
The hearing took place on April 12, 1988, 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 verbally threatening to
kill a supervisor.
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
to have been unreasonable, arbitrary, or capricious. In this case,
the Claimant engaged in an activity which often leads to discharge.
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The Claimant received a thirty-day suspension for his actions. The
Claimant's previous record, which involved several letters of warning,
as well as two previous suspensions, plus the nature of the offense in
this case, makes it clear that the Carrier in no way acted
unreasonably, arbitrarily, or capriciously in assessing the Claimant
their thirty-day suspension. Therefore, the claim must be denied.
Award:
Claim denied.
Neutral Member
Carrier Me ber
)rj
WDO
Date:
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