Form 1 NATIONAL RAILROAD ADJUST:,'.CNT BOARD Award No. 66123
SECOND
DIVISION Docket No. 6453
2-EJ&E-C1i-' 79.
The Second Division consisted of the regular members and in
addition Referee Louis Yagoda when award was rendered.
( System Federation No. 6, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Elgin, Joliet and.Eastern Railway Company
Dispute: Claim of Employes:
1. As a result of an investigation Carman Leo E. Flynn was suspended
from service for a period of five (5) working days. This action
by the Elgin, Joliet and Eastern was unjust, unfair, and arbitrary.
2. That accordingly, the Elgin, Joliet and Eastern Railway Company
be ordered to pay Carron Leo E. Flynn eight (8) hours pay at the!
pro rata rate for each of the five (5) working days he was
suspended, a total of forty (40) hours pay at the pro rata rate.
Findings:
The Second Division of the Adjustment Board, upon the cah olz record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
In his report on accident which resulted in injury to himself, Claimant
attributed mishap to his failure to wear burner jacket. Record shows that
burner jacket was expected to be worn, was standard issue to employees
and
cleaning and replacements thereof were known by employes to be available
at management expense. Accordingly, Claimant's explanation that the jacket
was issued to him was at home being laundered does not justify his failure
to have worn this piece of safety equipment a t the time of the accident.
At trial Claimant gave as his own opinion that burns to him might have
been caused by wearing of flammable jacket with grease spots on it and
holes which might have admitted and trapped gasses.
`. J
Form 1
Page 2
Award No. 6633
Docket No. 6453
2-EJ&E-CM-'74
We note, however, that Carrier has based its penalty, in part, on a~
allegation of a past record of unsafe performance by Claimant. The record
shows Claimant to have sustained 7 accidents over a period of fourteen
years but there is no evidence that any of these was caused by unsafe
action of Claimant. Accordingly, this consideration for assessment of
degree of penalty should rightfully be discounted. On that basis, the
penalty will be reduced to the more commensurate one below.
A W A R D
Penalty shall be amended to a suspension from service for two (2)
days with balance of lost pay rested to Claimant.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Ros, marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day or February, 197.