Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11321
SECOND DIVISION Docket No. 9588
2-SCL-F&0-'87
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(International Brotherhood of Fireman and Oilers
Parties to Dispute:
(Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That under the current and controlling Agreement, as amended,
Laborer A.W. Carswell, I.D. No. 166780, was unjustly suspended from the
service of the Seaboard Coast Line Railroad Company, on March 24, 1981,
through June 21, 1981, after a formal investigation was held in the office of
Mr. R.D. Brigman, Master Mechanic, Conducting Officer, on March 3, 1981.
2. That accordingly, A.W. Carswell, Laborer, be restored to his
regular assignment at Uceta Shops, Tampa, Florida, compensated for all lost
time and that he be properly restored to his rightful position, vacation,
health and welfare, hospital and life insurance and dental insurance be paid
March 24, 1981 through June 21, 1981, and the payment of 6% interest rate be
added thereto.
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record
and all the evidence, finds th<<t:
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 ~~une 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 A. W. Carswell was injured in a fall while operating a Sand
Gantry at the Uceta EnginehousEa in Tampa, Florida, on July 11, 1980. As a
result of this fall and injury., Claimant was charged with violation of Safety
Rule 13, part of Rule 12 of the Rules and Regulations of the Mechanical Department, as well as part of Rule :L of the same Rules. These charges accuse
Claimant of failing to follow safety procedures when operating the Sand Gantry
with willful neglect and with disregard for the Rules.
A Hearing into the matter was held on March 3, 1981. As a result of
that Hearing, Claimant was found guilty and assessed a ninety-day suspension.
A Transcript of that Hearing has been made a part of the record. A review of
the record reveals that Claimant was granted a full and fair Hearing and was,
Form 1 Award No. 11321
Page 2 Docket No. 9588
2-SCL-F&O-'87
as Carrier concluded, guilty of a serious Rule infraction. He failed to hook
the safety chain on the Sand Gantry and, as a result, he fell from the platform of the Gantry to the ground. Had he hooked the chain, he would not have
fallen. Claimant was well aware of the Safety Rules and the need to fasten
the safety chain on the platform of the machine.
This Board has on many occasions commented on the seriousness of
employes violating Safety Rules. We see no basis in the instant case to upset
Carrier's actions in any way. Claimant was guilty as charged and a ninety-day
suspension was, considering the current infraction and Claimant's past record,
an appropriate penalty.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. Wr - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.