Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8976
SECOND DIVISION Docket No.
8559
2-CMStP&P-CM-'82
The Second Division consisted of the regular members and in
addition Referee Francis X. Quinn when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company in
violation of the controlling agreement did improperly and unjustly discipliA.
Carman J. P. Johnson by removing him from service effective
may
30, 1978
for a 30 day actual suspension without pay as result of a hearing on March
31, 1978
for alleged violation of Safety Rule 47.
1. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company be
ordered to: Make Carman J. P. Johnson whole, restored to Carrier service
with all seniority rights, vacation rights, holidays, sick leave
benefits and all other benefits that are a condition of employment
unimpaired during such time as he wa,, kept out of service.
2. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
compensate Carman J. P. Johnson for all lost wages during such time
as, he was unjustly held out of service.
3.
That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
reimburse Carman J. P. Johnson for all losses sustained account loss
of coverage under health, welfare and life insurance benefits during
such time as he was held out of service.
4. That the Chicago, Milwaukee, St. Paul and Pacific Railroad Company
pay Carman J. P. Johnson interest at the
6%o
rate per annum on all lost
wages.
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 thereon.
On January 21, 1978 at approximately
1:15
A.M., while the claimant was
classifying freight cars on track 16 in the "C" Yard of Carrier's Classification
S'
or"m 1 Award No.
8976
Page ~ Docket No. 8559
2-CMStP&P-CM-'82
Yard at Bensenville, Illinois, a switch crew entered the west end of said track
and began coupling the cars for a westward movement. The sudden movement of the
cars caused the claimant to fall off one of the cars he was classifying sustaining;
an injury. The claimant was charged with failure to properly protect the track
he was working by putting a blue light on the west end of the cars and locking
the switch points on the west end of track.
The claimant was charged with violating Rule 47 of the Company's safety rules;
on January 21,
1978
when he failed to display a blue light on the west end of
track 16 C and lock the switch points to prevent moving equipment from entering
the track on which he was performing his assigned duties.
While there exists a conflict in testimony regarding the display of a blue
light, there exists no dispute regarding the locking the switch points. The
Claimant admitted that he did not lock the switch points for the reason. that tho
points were "frozen°". He testified that he did not notify anyone of the situat i.or
even though he was cognizant of the fact that according to the Blue Flag Safety
Rules, the switch points must be locked before working on same.
Safety rules are promulgated and enforced to promote safety. When safety
rules are violated, the-offender places himself in a very vulnerable position.
The Claimant, in the instant case, found that out when he failed to take
positive action in protecting himself against the risk of moving equipment
entering the west end of
16
C.
However, it appears that the carrier's degree of disciplinary action was not
reasonable in relation to the offense. This Board finds that the penalty given
to the Claimant as a corrective measure was excessive. As stated in Second
Division Award No.
6600
(Schedler):
"It appears to this Board that there must be some established
practice showing a reasonable relationship between discipline
assessed for negligent injuries and that these penalties would
bear some relationship to the frequency of injuries and the
seriousness of the injury."
Therefore, we will reduce the suspension to fifteen (15) days.
A W A R D
Claim sustained in part.
NATIO14AL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois,
this
10th day of March,