Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10477
SECOND DIVISION Locket No. 9389
2-CMStP&P-FO-'85
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood
of Firemen and Oilers
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific Railroad Company
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. George Mathews, Laborer,
Milwaukee, Wisc. was unjustly dealt with when suspended from service
of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, for a
period of thirty (30) days (October 18, 1979 through November 16,
1979).
2. That, accordingly, the Chicago, Milwaukee, St. Paul and Pacific
Railroad Company.be ordered to compensate Mr. George Mathews for all
time lost at the pro rata rate.
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 was subject to an investigative hearing on the following charge:
Violation of General Safety Rule "A" and Safety Rule #160 in
that on September 1, 1979 at approximately 10:35 AM he was assigned
to move Amtrak heat tender #660 from building L. D. 36 to building
L. D. 1 and that in doing so he violated the above safety rules
resulting in damage to building L.D. 36.
Safety Rule "A" reads as follows:
"A. Employees must not rely upon the carefulness of others, but
must become familiar with the dangers surrounding their work and
follow the safe method."
Form 1 Award No. 10477
Page 2 Docket No. 9389
2-CMStP&P-FO-'85
Safety Rule #160 reads as follows:
"Operators of power propelled equipment must look in the
direction of movement and proceed at a safe speed governed
by existing conditions. Loaded lift trucks must back down
when descending declines."
The facts of record show that the Claimant, a Laborer, was operating a
transfer table to move Amtrak Heater Car #660 to a stall track. This was his
proper responsibility. In moving the car, the Claimant permitted the transfer
table to go beyond the stall track. As a result, the coupler on the car
damaged a brick wall.
In the move, Claimant was assisted by another employee to some degree.
The Carrier found, nevertheless, that the Claimant failed to exercise the
proper caution, as specified in the cited rules, and was responsible for
the damage. The Board has no basis to find otherwise or to determine that
the resulting penalty was improper.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. ,by/er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of July 1985.