Following an Investigation held on October 2, 1997 and by letter dated October 22, 1997, the Claimant was assessed a disciplinary penalty of 20 demerits under the following charge:
During the claim handling procedure, the Carrier reduced the initial 20-demerit penalty to ten demerits.
In the course of his assignment on September 3, 1997, the Claimant threw a switch (misidentified in the Charge as "Track #6 switch"). He experienced difficulty in doing so and stated he felt a pain in his shoulder during this action. The Claimant followed the specified procedure and reported his pain to his immediate supervisor. No medical attention was required, and there was no lost time.
Upon investigation, the Carrier determined that the Claimant had improperly exerted too much effort in throwing the switch, thus causing the shoulder pain. The record shows that the Claimant had thrown the same switch in the opposite direction moments before the incident under review. Later inspection of the switch showed that some minor repair was required. Contrary to the Carrier's allegation, the Board finds nothing in the record to indicate that the Claimant should have been aware that the switch was defective. Despite the Claimant's alleged unsafe practice, the Manager of Car Equipment nevertheless tested the switch by successfully throwing it himself.
Part of the Carrier's reasoning in assessing the penalty concerned the Claimant's accident record. While it listed a substantial number of injuries, the record covers a period of 30 years' service. Further, except for one previous incident on June 15, 1997, there were no reported injuries in the previous ten years. Progressive discipline for an accident-prone employee is frequently warranted. The Claimant's record, however, shows only one previous injury in the previous decade. Such a record cannot justify a conclusion that the Claimant was accident-prone. Form 1 Award No. 13478
In sum, there is no evidence of anything other than an employee who perhaps exerted too much effort in getting the task done and then, as required, promptly reported his shoulder pain. The Carrier failed to provide substantial evidence in support of the discipline that followed.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.