NATIONAL RAILROAD ADJUSTMENT HOARD

Award Number 19749

THIRD DIVISION Docket Number CL-1972

Irwin M. Lieberman, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, Express end Station Employee PARTIES TO DISPUTE: (George P. Baker, Richard C. Hoed, Jervis Langdon, Jr., (and Willard Wirtz, Trustees of the Property of ( Penn Central Transportation Company, Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7086) that:

(a) The Carrier violated the Rules Agreement, effective February 1. 1968, particularly Rule 6-A-1, when it assessed discipline of one day suspension without pay on Ivan R. Imler, Assigned Laborer, Reclamation Plant, Heavy Repair Shops, Altoona, Pa.

(b) Claimant I. R. Inler'a record be cleared o! the charges brought against him on November 17, 1970.

(c) Claimant I. R. Imler be compensated for rage loss sustained during the period out of service.

OPINION OF HOARD: Claimant, employed as an Assigned Laborer in the Material
Management Department of Carrier's shop is Hollidaysburg,
Pennsylvania, was assigned the task of unloading a carload of freight on
November 11, 1970. He was aided by an overhead crane. While Claimant was
moving acne material in the car in order to permit the functioning of the
crane, same items shifted striking his foot and he sustained an injury. As
a result of this incident Cla1 ant was notified to attend an investigation
in connection with the following charge:

"Violation of Safety Rule 5165, which reads: Beep head or foot in position when material, transfer plate or other object being handled cannot fall or shift onto or against it, or be caught between object being handled and another object. If impossible to do this, use suitable object as a skid, support or atop at side, at end, on top or under object being handled to provide protection,' resulting in personal injury on November 11, 1970."

Award Number 19749 Page 2

Docket 111smber CL-19728

Following the hearing, Claimant war assessed s one day suspension
and s warning* the transcript of the investigation reveals that the only
evidence produced by the Carrier was the testimony of Claimant* Ea our
opinion the evidence produced at the investigation was insufficient to sustsis
the Carrier's conclusion. Since the investigation did not produce W bsteatia7
evidence is support of the charge, we W11 sustain the claim.

FIRDI1R;Ss the Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meeting of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was violated.

AWARD

Claim sustained.

IfATIOMLL RAILROAD AWUSTlds111' HOARD

By Older of Third Division

ATTEST:

Executive Secretary

Dated at Chicago, Illinois, this 11th day of May 1973.

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