Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11670
SECOND DIVISION Docket No. 11435
89-2-87-2-78
The Second Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That under the current agreement the Carrier wrongfully censured
Machinist D. J. Chadd on February 26, 1987.
2. That, accordingly, the Carrier be ordered to remove said censure
and all reference to same from Claimant's personal record.
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 worked from 11:59 P.M., January 27, 1986 to 7:59 A.M.,
January 28, 1986 as a Machinist at the Carrier's Lincoln Diesel Shop. During
his tour of duty, Claimant was assigned to inspect locomotive BN 5786. He
submitted a locomotive inspection report with his initials on it; the report
shows that there were no defects on that locomotive. However, during the next
shift, a FRA Inspector and a Carrier Foreman measured the flange on a wheel on
BN 5786 and determined that it was less than 15/16 inch thick, which violated
the Carrier's standard as to flange thickness. The Inspector and the Foreman
also found that the left sand pipe on the locomotive was not alligned to the
top of the rail.
Subsequently, Claimant was charged with violating BN Safety Rules 2
and 113. Following an Investigation, an entry of censure was placed in the
Claimant's employment record.
Form 1 Award No. 11670
Page 2 Docket No. 11435
89-2-87-2-78
Upon a complete review of the record of this case, we find that
Claimant was provided a fair and impartial Hearing. We find no procedural
basis for setting aside the discipline.
It is clear from the record that Claimant knew the Carrier's standard
for mimimum thickness of a wheel flange. In fact, numerous times he used a
gauge to measure wheels. He also knew that the sand pipe was to be properly
alligned. Nevertheless, on January 28, 1986, Claimant initialed an Inspection
report indicating that there were no defects on BN 5786 when in fact there
were defects. There is substantial evidence to support the conclusion that
Claimant did not inspect the locomotive properly. None of the circumstances
raised by Claimant, such as darkness and his not having a gauge, relieve him
of his responsibility to properly carry out these routine inspections.
We find no basis in the record to set aside or to modify the discipline imposed by the Carrier.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J.
W
r - Executive Secretary
Dated at Chicago, Illinois, this 8th day of March 1989.
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