Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13741
Docket No. 13637
03-2-01-2-43
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"1. That in violation of the current Agreement, Rule 35 in particular,
Electrician H.A. Phillips was unjustly issued Level S Suspension of
five (5) days and three (3) year probationary status by the
Burlington Northern/Santa Fe Railroad company following an
investigation conducted on November 29, 1999.
2. That the issuance of the Level S five (5) day suspension, three (3)
year probationary status and instruction that Mr. Phillips must
develop a written plan with his supervisor designed to solve
problems and prevent further occurrences was unjust,
unwarranted and capricious.
3. That accordingly the Burlington Northern/Santa Fe Railroad
Company be directed to set aside such discipline and remove all
record of it from Electrician H.A. Phillips' personal rile, and that
he be made whole for all losses incurred."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, rinds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor Act, as
approved June 21, 1934.
Form 1 Award No. 13741
Page 2 Docket No. 13637
03-2-01-2-43
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On December 17,1999 the Carrier issued a Level S suspension for five days. As
a result of an Investigation held on November 29, 1999 the Carrier found that the
Claimant violated Rule S-21.1 on October 24, 1999 by failing to wear safety glasses
while on duty.
There is no dispute as to the facts in this case. On the date in question the
Claimant was observed by the Locomotive Foreman at about 2:45 P.M. without his
safety glasses. The Claimant was instructed to put on the glasses, which was done.
Shortly thereafter the Foreman again observed the Claimant with his glasses off. The
Claimant admitted it was the third time in a month he had been approached about
safety violations.
The Claimant was given a fair and impartial Hearing and the Carrier proved the
Claimant violated its Rules. There is no basis for the Board to alter the discipline
assessed in this case.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 30th day of June 2003.