Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8351
SECOND DIVISION Docket No. 782()
2-SPr-CM-'80
The Second Division consisted. of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No. 114, Railway Employes'
Department, A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Carmen)

( Southern Pacific Transportation Company

Dispute: Claim of Employes:

1. That under the current agreement Carman, R. M. Estrada., hereinafter referred to as the Claimant, was unjustly deprived of his service rights and carnpensation when he was improperly withheld from service from February 9, 1977, after twenty-one (21) years of service with the Carrier.

2, That, accordingly, the Southern Pacific Transportation Company be ordered to reinstate Carman., R. M. Estrada, to service at Sacramento, California, with seniority rights unimpaired. Made whole for all vacation rights. Made whole for pension benefits, including Railroad Retirement and Unemployment Insurance. Made whole for arty other benefits he would have earned during the time he was held out of service.

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, 193+.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

The record of this case clearly shows that the Claimant was aware of proper safety procedures in handling and lifting heavy objects. Yet, on January 10, 1977, he failed to use such knowledge and, as a result, sustained an injury to his back. Rule 801'states that "Employees will not be retained in the service who are careless of the-safety of themselves;" Rule M states that "Carelessness by employees will not be condoned and they must exercise care to avoid injury to themselves...". Impatience with performance of others is not a rational basis to ignore safe practices as is suggested by the record. The Claimant was a long service employee who certainly knew such practices. We shall order his return to work, admonishing him to utilize proper safety procedures in the future. No back pay is ordered.
Form 1 Award No, 8351
Page 2 Docket No, 7820
2-SPT-CM-180

A W A R D

Claim is sustained in part, as set forth in the Opinion.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest; Executive Secretary
National Railroad Adjustment Board

By

os marie Bxasch - Administrative Assistant

Dated at hicago, Illinois, this 4th day of June, 1980,