NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26488
Edward L. Suntrup, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The discipline (written reprimand) imposed upon Welder J. L.
Mitchell for alleged 'Failure to comply with safety rule #3020 (A) and #3039
at Canton, M. W. Shop, Canton, Ohio at approximately 8:15 A.M. on September 21,
1983, which resulted in a personal injury' was unreasonable, unwarranted and
on the basis of unproven charges (System Docket CR-776-D).
(2) The claimant's record shall be cleared of the charges leveled
against him and the written reprimand shall be removed from his record."
OPINION OF BOARD: The Claimant was charged with failure to comply with Safety
Rule Nos. 3020(A) and 3039 at the Carrier's Canton Maintenance of Way Shop at approximately 8:15
on this matter was held on December 28, 1983, the Claimant was advised that a
Letter of Reprimand was being made part of his personal file. The Rules at
bar read, in pertinent part, as follows.
"Safety Rule 3020(A):
Wear Suitable gloves and clothing. (a) that gives
ample body, arm and leg protection. When acetylene, electric or thermit cutting or welding, wear
cuffless overalls or trousers. Short sleeve or 'T'
type shirt may be worn if not performing work requiring arm protection.
Safety Rule 3039:
If necessary to look away from direction in which
walking stop while doing so."
The record shows that the Claimant was working as a Welder at the Canton Shop.
After he was given an order to do some welding on Machine BR1181, which is a
brush cutter, he attempted to secure an Overhead Crane to move his welding
equipment and tanks close to the machine. Since the cranes were all being
used the Claimant was ordered to move his welding equipment by hand to the
work site. While doing so he was injured when he cut his shoulder on an exposed sharp burr on a moun
Award Number 26267 Page 2
Docket Number MW-26488
It is the position of the Carrier that the Claimant was injured because he was not wearing prope
evidence of record to warrant the conclusion that the Claimant should have
been wearing his welding jacket when the injury occurred, nor that the injury
would not have occurred if he would have been wearing the jacket. The record
also establishes that there were many obstacles in the shop around which the
Claimant had to negotiate his welding equipment in order to get it close to
the Brush Cutter which created a potential Safety Hazard. Lastly, the Board
can find no substantial evidence showing of negligence on the part of the
Claimant while he was moving the welding equipment.
As moving partv it is encumbent upon the Carrier to bear the burden
of proof that the Claimant was in violation of the Rules at bar (Third Division Awards 5881, 6056, 1
right to enforce its Safety Rules, the Board cannot find violation of them in
the record presented to it. The Claim must be sustained.
FINDINGS: 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 Employes involved in this dispute are
respectively Carrier and Fmployes within the meaning of the Railway Labor Act,
as approved June 21, 1034;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes
Nancy er - Executive Secretary
Dated at Chicago, i11fnois this 20th day of March 1987.