Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10485
SECOND DIVISION Locket No. 991.3
2-BN-FO-185
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispute:
( Burlington Northern Railroad Co.
Dispute: Claim of Employes:
1. That Mr. S. B. McGinn was unjustly suspended from the service of the
Burlington Northern, Inc. from April 15, 1981 to May 14, 1981, for alleged
violation of Rules "E" and "60" of the rules, regulations, safety rules, and
instructions governing mechanical department employes effective July 1, 1979,
Form MP-1, on March 26, 1981.
2. That accordingly, the Burlington Northern, Inc. compensate Mr. S. B.
McGinn accordingly -
(a) compensation for all time lost.
(b) make whole all vacation rights, if affected by this suspension.
(c) pay premium or hospital dues for hospital, surgical and medical
benefits for all time held out of service.
(d) pay premiums for his group life insurance for all time held out
of service.
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 herein was assigned to work as a Hostler Helper. The
incident that led to this dispute occurred when he was observed by his Foreman
to be using a radio to communicate signals to his Hostler while spotting
engines into a track in the diesel shop in which they worked. While doing
this, he was positioned out of the view of the Hostler to whom he was giving
directions for the movement of equipment on his radio.
Subsequent to an investigation, the Carrier found the Claimant had
performed his duties in an unsafe manner and assessed a penalty consisting of a
thirty-day suspension.
Form 1 Award No. 10485
Page 2 Docket No. 9913
2 B N-FO-'85
The Carrier states that its instructions were clear that the use of radios
for switching inside the shop was strictly forbidden because the shop structure
interfered with radio communications. Therefore, in the interest of safety,
the Carrier proscribed the use of radios in the shop.
While there are certain procedural contentions of record under the
circumstances herein, the Board will dispose of the dispute on its merits.
With respect to the merits, the evidence adduced at the baring, including
the testimony of the Claimant, clearly establishes that he was aware of the
Carriers requirements and he chose to ignore them. Accordingly, the Carrier's
assessment of discipline cannot be said to be unreasonable or arbitrary, and
the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest
Nancy . 'Dever - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1985.