C:\AWARDS\OUT\2-10243.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10243
SECOND DIVISION Docket No. 9569
2-GTW-CM-185
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:

( Grand Trunk Western Railroad Co.

Dispute: Claim of Employes:

1. That the Grand Trunk Western Railroad Company violated the controlling

agreement when Carman, Thomas Islam, was assessed a twenty (20) calendar

day suspension as a result of investigation conducted on Friday April

24, 1981.

2. That accordingly, Grand Trunk Western Railroad Company be ordered to

compensate Carman, Thomas Islam for the twenty (20) calendar day suspension,

and make him whole for all benefits and privileges he would have received

during suspension, and remove such discipline from his service 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 employes 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.

Claimant T. A. Islam was employed as a Carman at Carrier's Battle Creek, Michigan, Repair Track Facility. On February 21, 1981, he was injured while operating a table saw in the Woodmill area at the Repair Track Facility. As a result of that accident, Claimant was charged with a violation of Rule A of the GT Safety Rules. That Rule reads as follows:

"Safety is of first importance in the discharge of duty."

A hearing into the matter was held and Claimant was found guilty as charged and assessed a 20-day suspension.

The Division has reviewed the transcript of that hearing and the complete record of this case and must conclude that Claimant operated the saw in an unsafe manner and that a violation of Rule A took place.
Form 1 Award No. 10243 Page 2 Docket No. 9569 2-GTW-CM-'85 We are not, however, convinced that Claimant was solely at fault. There is some evidence in this record to indicate that the table saw was not in proper working order and that Claimant had not been properly instructed on how to use the saw. Given these facts, it is our finding that Carrier as well as Claimant share some responsibility for the accident and we will therefore reduce Claimant's suspension to ten (10) days.

A W A R D

Claim sustained in accordance with Findings. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Nancy er - Executive Secretary Dated at Chicago, Illinois, this 30th day of January 1985.