Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13825
Docket No. 13715
05-2-03-2-60
The Second Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railway Carman Division of TCU
(Delaware and Hudson Railway Company (Division of
(CP Rail System)
STATEMENT OF CLAIM:
"1. That the Delaware and Hudson Railway Company (Division of
CP Rail System) violated the terms of our current Agreement,
in particular Rule 26.1 when they arbitrarily assessed the
record of Carman J. N. Alasky with a Formal Caution for
violating five (5) Carrier safety rules, as a result of an
investigation held on January 28, 2003.
2. That accordingly, the Delaware and Hudson Railway Company
be ordered to remove the discipline from Carman J. N.
Alasky's personal record and file."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds 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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 13825
Page 2 Docket No. 13715
05-2-03-2-60
Parties to said dispute were given due notice of hearing thereon.
The Claimant filed an injury report as a result of feeling a sharp pain in his
right elbow while tightening a bolt on a freight car at Saratoga, New York on
September 19, 2002. After investigation, Claimant received a formal caution for
violation of five safety rules.
We have considered the record and the parties' arguments. We do not find
substantial evidence that the Claimant was negligent in the performance of his
duties. However, we are satisfied that the Claimant was careless in his choice of
tools to perform the task which resulted in his injury. For that, Claimant's formal
caution shall be reduced to a letter of instruction.
AWARD
Claim sustained in accordance with the Findings.
ORDER
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 1st day of April 2005.