Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6702
SECOND DIVISION Docket No. 6494
2-U P-EW-' 74
The 'Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( System Federation No. 105, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Union Pacific Railroad Company
Dispute: Claim of Emgloves:
1. That under the current agreement, the Union Pacific
Railroad Company unjustly dismissed Groundman Leon 0. Fish.
2. That accordingly, the Carrier be ordered to reinstate the
aforementioned Claimant to service with seniority unimpaired
and be compensated for all time lost, vacation rights,
Health and Welfare, Insurance beneifts, Pension benefits
including Railroad Retirement and Unemployment Insurance.
Findings:
The Second Division of the Adjustment Board, upon the whole
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
thereono
Claimant was charged with operating an overhead crane in a
careless manner, in violation of Safety Rule 700, in that he carelessly and without direction dropped a crane hook striking Mr. George
A. Crnkovich, a Machinist Helper, on the head causing him personal
injury. Following an investigation he Was adjudged guilty of the
above charge and dismissed from Carrier's service.
We find there was substantial evidence adduced at the hearing
to substantiate Carrier's findings. Employees Dunn, Ryan and
Crnkovich, all of whom were present when the mishap occurred, testified
that no one had signaled claimant to lower the hook. Rather he
lowered the hook without being directed to.do so, and thereby struck
Mr. Crnkovich on the head. Claimant, himself, admitted that he did
not receive a signal to lower the hook.
Form 1
Page 2
Award No. 6702
Docket No. 6494
2-UP-EW-' 74
We believe the foregoing clearly establishes that claimant
carelessly operated the overhead crane. This was no mere
unavoidable accident which occurred beyond his control. It was a
definite act of carelessness. Nor were there mitigating circumstances
which would alleviate his responsibility. There were no mechanical
defects in the crane, and claimant knew that Crnkovich was on the
ground below hire. Furthermore, there was testimony at the hearing
that Claimant was not a safe crane operator and that Carrier had
received complaints about him before. Based on the seriousness of the
infraction as well as claimant's past carelessness which could result
in death or serious injury to employees in the future we are convinced
that the discipline of dismissal was not excessive.
A WA R D
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT
BOARD
By Order of Second Division
Attest: Executive Secretary
:;-:
National Railroad Adjustment Board
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of May, 1974.