Form 1 NATIONAL RAILROAD 
ADJUSTMENT BOARD Award 
No. 10260
 
SECOND DIVISION Docket No. 
10266
   
2-BN-EW-185
 
The Second Division 
consisted of the regular members and in
 
addition Referee Hyman 
Cohen when award was rendered.
  
( International Brotherhood of Electrical Workers
Parties to Dispute:
 
( Burlington Northern Railroad
Dispute: Claim 
of Employes:
1. That in violation of the current Agreement, Communication District Lineman
 
N. Bentele was unjustly suspended from service of the Burlington Northern
 
Railroad for a 
period of 
five (5) days as the result of an investigation
 
held on 
January 27, 1982.
2. That the Burlington Northern failed to 
provide a 
complete and accurate
 
hearing transcript and the investigation held on January 27, 1982 was not
 
a fair and impartial investigation.
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.
The Claimant was employed as a Communications District Lineman at the Carrier's
facility 
located at 
Quincy, Missouri. As 
a 
result of an investigation that was
held on January 27, 1982, the Claimant was 
suspended from 
service for five (5) days
for "failure to operate track car 
prepared to 
stop", and striking a fellow employee
on 
November 24, 
1981.
After carefully examining the record, 
the Board concludes that 
the Carrier
failed to 
meet its burden of proving any rule violations by the Claimant which
would warrant discipline. The record 
discloses that 
the employee who was struck
did 
not notice or hear the motor car 
operated by 
the Claimant on November 24, 1981
because of a noisy compressor motor. 
He stepped into 
the path of the motor car
leaving the Claimant no time to stop or avoid the accident. 
The 
Claimant cannot 
be
said to be negligent or responsible for the 
accident. Had lookouts 
been posted by
his 
Supervisor or 
had his 
Supervisor 
stopped the 
Claimant and warned the employees
that the Claimant would be operating the motor car across the bridge, the 
accident
in 
question would 
not have occurred.
Form 1  Award No. 10260
Page 2 Docket No. 10266
  
2-BN-EW-185
Accordingly, the Carrier failed to carry its burden of proving that the Claimant
violated Rule 62 of the Rules of the Maintenance of Way 
Department of 
the Operating
Department which 
provides in relevant part that "Track cars *** must approach persons
*** where the view is obscured" and be "prepared to stop".
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
 
By Order of Second Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 13th day of February 1985.