YARDMASTER DEPARTMENT AWARDS

EXCESSIVE DISCIPLINE (186)
 
AWARD # REFEREE RAILROAD
Third Division Award No. 34076 Wesman Amtrak
Third Division Award No. 33442 Eischen Belt Railway Co. of Chicago
Third Division Award No. 33957 Rubin Union Pacific
Third Division Award No. 33842 Bierig Duluth, Missabe & Iron Range Railway
Third Division Award No. 33844 Eischen Union Pacific
Public Law Board No. 6485, Awd. 1 Suntrup BNSF

Third Division Award No. 34076 (Wesman) (Amtrak)

"The Claimant may be said to have been negligent in her following of established procedures in failing either to give the LPC a meal check, or at a minimum filling one out to reflect the sale at issue later on."

Third Division Award No. 33442 (Eischen) (Belt Railway Co. of Chicago)

"There is more than sufficient evidence on this record to support imposition of serious disciplinary action by the Carrier against this employee."

Third Division Award No. 33957 (Rubin) (Union Pacific)

"While there was just cause for imposing discipline, dismissal was an unduly harsh penalty. The dismissal was based in part on the allegation of dishonesty, which was not proved. The Claimant will be reinstated with his seniority intact and all other rights unimpaired, but without backpay."

Third Division Award No. 33842 (Bierig) (Duluth, Missabe & Iron Range Railway)

"As to the severity of the penalty, as indicated, above, we will not overturn a penalty unless we can say it appears from the record that the Carrier's actions were unjust, unreasonable or arbitrary."

Third Division Award No. 33844 (Eischen) (Union Pacific)

"We conclude that the penalty of discharge must be reduced to a long term suspension."

Public Law Board No. 6485, Awd. 1, Case 1 (Suntrup) (UTU/BNSF)

"On the other hand, there are sufficient extenuating circumstances in this case to warrant conclusion that the level of discipline assessed was considerably beyond that called for and the Board will rule accordingly."


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Last modified: April 29, 2005