Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10592
SECOND DIVISION Locket No. 10361
2-B&O-CM-'85
The Second Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
( Brotherhood Railway Carmen of the
( United States and Canada
Parties to Dispute:
( Baltimore and Ohio Railroad Company
Dispute: Claim of Employes:
1. That the Baltimore and
Ohio
Railroad Company subjected Claimant,
Carman Gary L. Deaton, Dayton,
Ohio
to an unfair and partial hearing on the
date of May 6, 1982, contrary to Rule 32 of the controlling Agreement, and
subsequently, subjected him to discipline of "Five (5) days overhead suspension
for a three (3) month probationary period as an alleged result of such hearing,,
wherein the alleged charge against Claimant by Carrier amounted to an alleged
violation of Safety Rule No. 127, Book of Safety Rules, at 7:45 P.M. on March
29, 1982, in Needmore Yards, Dayton, Ohio, resulting in personal injury to
Claimant Deaton.
2. That Carman Deaton, Claimant, is entitled to be completely and totally
exonerated in
connection with
any wrong doing and/or violation of the Book of
Safety Rules, in this instance, rule No. 127, with regard to this unfortunate
incident. That the charge as alleged by Carrier, violation of Rule No. 127,
Book of Safety Rules, be declared null and void, and that Claimants record
be cleared accordingly.
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.
On March 29, 1982, during the performance of his duties, Carman G. L.
Deaton, Claimant, lost his grip on an air hose which then struck him in the
leg. The injury was reported as required by the Rules. An investigation was
held on May 6, 1982 to consider an alleged violation by the Claimant of
Safety Rule Number 127 which states:
"Before opening an angle cock on an uncoupled air hose, either hold
the air hose or take other precautions to prevent injury from hose
movement.p
Form 1
Pa ge 2
Award No. 10592
Docket No. 10361
2-B&O-CM-'85
As a result of the investigation, the Claimant received notice of June
2, 1982 that he had been found guilty as charged and assessed a five (5) days
overhead suspension for a three (3) month probationary period.
A thorough review of the case at bar finds that the Claimant received a
fair and impartial hearing. The results of the investigation provide
substantial probative evidence that the Claimant was guilty as charged in
that he was required by the rule to take whatever precautions were necessary
to avoid injury. Clearly, whatever precautions the Claimant engaged in to
avoid injury when he opened the angle cock on the uncoupled air hose, he
failed to take the necessary precautions for safety. The evidence of record
indicates that the Claimant was required by the rule to be careful and in
fact was somewhat careful but not careful enough to overturn the Carrier's
decision in this case.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J.11- Executive Secretary
ATTEST:
Dated at Chicago, Illinois, this 25th day of September 1985.