Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11511
SECOND DIVISION Docket No. 11388
88-2-87-2-26
The Second Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(International Brotherhood of Firemen and Oilers
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
1. That under the current and controlling agreement, Service Attendant W. E. Wiggins was unjustly suspended from service of the Seaboard System
Railroad on November 13, 1985, after a formal investigation was held on
November 6, 1985, by Asst. Master Mechanic, Mr. F. L. Miracle.
2. That accordingly, Service Attendant W. E. Wiggins be compensated
for the days of November 13, 1985 through November 17, 1985, both dates inclusive, and the payment of 10% interest rate be added thereto.
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 employees 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 is employed by the Carrier as a Service Attendant. In
the course of performing his duties on October 28, 1985, Claimant fell from
the steps of a caboose and incurred an injury to his right knee. Subsequently, the Claimant was charged with violation of several Safety Rules and
assessed a suspension of five (5) days.
Based upon Claimant's testimony, the cause of his injury was that he
intentionally stepped on a scrap crosstie while attempting to mount a caboose:
"...I started to enter the rear of the caboose and
stepped on piece of tie in question..."
"...I stepped on wood, started to get on caboose
and slipped and hit my knee."
Form 1 Award No. 11511
Page 2 Docket No. 11388
88-2-87-2-26
Injury in itself does not constitute a Safety Rule violation, however, it is evident from Claimant's testimony that he acted in an unsafe
manner. There is no speculation as to the cause of the injury. The Claimant
stepped on a loose crosstie. The Claimant knew the safety risks of such an
action. Approximately two months earlier (September 2, 1985), Claimant
suffered a foot injury by stepping on a loose tie. He was placed on restricted duty for 26 days. One month to the day after he came off restricted duty,
he fell again as a result of stepping on a loose tie.
Given the circumstances of Claimant's second foot injury, the five
(5) day suspension is not excessive. There is no evidence that the Carrier
acted in a discriminatory, unreasonable, capricious or arbitrary manner. This
Board has no basis for setting aside or modifying the suspension assigned by
the Carrier.
The Claimant was afforded a fair and impartial investigation.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. D Executive Secretary
Dated at Chicago, Illinois, this 6th day of July 1988.