Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9032
SECOND DIVISION Docket No. 8985
2-NRPC-FO-' 82
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That Laborer Larry Eskridge was unjustly disciplined from May 11, 1979
to June 10, 1979.
2. That accordingly, the National Railroad Passenger Corporation be ordered
to compensate Laborer Eskridge for all time lost between May 11, 1979
and June 10, 1979, with all benefits and rights restored. Further that
the fifteen (15) day deferred suspension be removed from his record.
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.
The Claimant began employment with the Carrier on March 2, 1975. On April. 17,
1979, he was assigned to fuel Locomotive #293, Train X21. Proceeding normally,
he attached the Houston fitting with automatic cut-off device, put the drop pan.
down, then went to the fuel truck to put it in operation. Approximately eight
or ten minutes thereafter, the fuel truck started to bog down. Claimant returned
to the truck to rev it up. He then heard fuel spilling and immediately shut off
the fuel. According to Claimant, the Houston fitting malfunctioned. Thirty to
forty gallons of fuel spilled onto the ground. On May 10, 1979, Carrier issued.
a notice of discipline assessing a fifteen (15) day deferred suspension, which
activated a previously deferred thirty (30) day suspension.
The position of the Organization is the Carrier suspended the Claimant
unjustly. Organization contends cited Rules H and F of NRPC Rules of Conduct are
not part of Controlling Agreement and should not be the basis for discipline.
Irrespective of these Rules, there is no proof in record Carrier proved Claimant
worked in an unsafe manner.
Initially, we find the charge relating to Rules H and F of NRPC to be
without merit. The Carrier has a right to establish reasonable rules of conduct
for guidance of employees. The record indicates Claimant was aware of previous
Form 1 Award No. 9032
Page 2 Docket No. 8985
2-NRPC-FO-' 82
problems with Houston fitting. On two separate occasions, he reported such
defects. Claimant also testified that some engines have defective gauges which
cause difficulty in assessing the amount of fuel in the engine. Despite this
admitted knowledge, Claimant left the fuel nozzle unattended and a spillage
occurred.
Review of this record supports the Carrier's determination Claimant failed
to act in a safe and cautious manner in order to guard against loss and damage.
There is no basis upon which to alter the Carrier's imposition of discipline.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
o emarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 21st day of April, 1982.