Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10406
SECOND DIVISION Docket No. 10517
2-CRC-MA-'85
The Second Division consisted of the regular members and in
addition Referee James R. Cox when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That the Consolidated Rail Corporation be ordered to remove the letter
of reprimand from the record of Machinist R. A. Rider for alleged
violation of Safety Rules 4226 and 4229, in accordance with the
provisions of Rule 7-A-1 (e) of the prevailing Agreement effective May
1,1979.
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 Richard Alan Rider, a Machinist at the Selkirk Diesel Shop, broke
the third finger on his right hand September 22, 1981 in the course of removing
brake shoes from a unit. According to Rider, "I had my right hand on the bottom
of the brake shoe, my left hand was in the middle. I was taking it out of the
head and it slipped out of my left hand and caught my right finger between the
brake shoe and the rail."
Rider immediately reported the accident to his foreman, then resumed work.
The method he had used in changing the shoes that day was the same method he
utilized throughout his service with the Carrier. The procedure is still the
present method of installation. The foreman testified that the only way he knew
to install brake shoes was to place his hand or finger between the shoe and the
brake head or between the shoe and the rail.
Rider was given a formal letter of reprimand for violation of Safety Rules
4226 and 4229.
Form 1
Page 2
Rule
4226 reads in pertinent part:
"Keep hand
...
in a position where
...
material or
other heavy or unwieldly object being handled cannot
fail or shift unto or against it and where it will not
be caught between object being handled to provide
protection."
Rule 4229 was not shown to be relevant to this accident.
There is no evidence that Claimant could have avoided the incident by
positioning his hands or finger in any other manner than he followed in the
course of removing the brake shoes. Therefore, the Board finds no evidence that
his conduct violated any Safety Rule.
Accordingly, the claim is sustained. The letter of reprimand shall be
removed from Rider's file.
Award No. 10406
Docket No. 10517
2-CRC-MA-'85
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes
M 70 ~-
t
__
Nancy J. er~ - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of May, 1985.