Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11570
SECOND DIVISION Docket No. 11429
88-2-87-2-76
The Second Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(International Association of Machinists and Aerospace
( Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF COMPLAINT:
1. That under the controlling Agreement and the Burlington Northern
Railroad (Carrier) schedule of rules, the Carrier wrongfully suspended Machinists J. Navarro and G. Harkey from service for ten (10) days commencing January 31, 1986.
2. That, accordingly the Carrier compensate both Machinists for all
wages lost and remove all reference to this discipline instance from their
personal records.
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.
Claimants are machinists at the Carrier's Clyde Diesel Shop in
Cicero, Illinois. As a result of charges dated January 6, 1986, investigation
held on January 17, 1986 and by letters dated January 31, 1986, Claimants were
suspended for ten days for alleged failure to be alert and attentive while
replacing head liner piston and rod which caused crank shaft damage to a
locomotive.
On January 3, 1986, Claimants reinstalled power assemblies L-1, L-3
and R-1 on Locomotive 4046. On January 5, 1986, the locomotive was started up
but it shut off after approximately five to seven minutes. Inspection at that
point revealed the Nos. 1 and 3 con-rod. bands were extra hot. Although
Claimants assert that they properly installed the master rod caps, further
Form i Award No. 11570
Page 2 Docket No. 11429
88-2-87-2-76
inspection on January 6, 1986 revealed that the Nos. 1 and 3 master rod caps
that were worked on by Claimants on January 3, 1986 had been interchanged
which resulted in damage to the crank shaft because of overheated bearings.
As a result, repairs could not be performed locally and the engine had to be
sent to a back shop for repair.
We find substantial evidence in the record to support the Carrier's
conclusion that Claimants violated Rule 570 which requires employees to be
alert and attentive. The record shows that on January 3, 1986, Claimants
worked on the power assemblies in question. Later inspection demonstrated
that after completion of their work the master rod caps were mismatched. That
mismatch caused the damage to the crank shaft. Although Claimants contend
that they properly matched the caps, under the substantial evidence standard,
the fact of the subsequently discovered mismatch and the lack of evidence satisfactorily demonstrating that someone other than Claimants worked on the same
caps prior to the malfunction are sufficient to refute Claimants' assertions
that the work was properly performed. By failing to properly match the master
rod caps, Claimants were not alert and attentive to their duties as required
by the rule.
The fact that other employees also may have worked on the locomotive
does not defeat the Carrier's showing. The record adequately shows that those
employees did not work on the power assemblies worked on by Claimants prior to
the time of the malfunction. Further, the fact that a supervisor inspected
the work and may not have seen the mismatched master rod caps does not change
the result since the responsibility to properly match the rod caps belonged to
Claimants. Finally, we are unable to find that a ten day suspension was
either arbitrary or capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J. - Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.