Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26871
THIRD DIVISION Docket No. MW-27533
88-3-86-3-792
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Delaware and Hudson Railway Company

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The fifteen (15) days of deferred suspension imposed upon Trackman J. G. Cooper for alleged October 22, 1985 was without just and sufficient cause, on the basis of unproven charges and in viol
(2) The claimant's record shall be cleared of the charges leveled against him and he shall be compensated for any wage loss suffered."

FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes 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.

Parties to said dispute waived right of appearance at hearing thereon.

By letter dated October 23, 1985, Claimant, a Trackman with approximately 6 years service, was d with the following charge:

"Direct violation of GTI Safety Rules GR-A and S-31 resulting in personal injury to yourself on October 22, 1985."

The involved Safety Rules read as follows:

Safety Rule GR-A

"Employees must be conversant with and obey all rules and special instructions."

Form 1 Award No. 26871
Page 2 Docket No. MW-27533
88-3-86-3-792

Safety Rule S-31

"Before and while working below, above or near one another, employees in each position must notify the other of their whereabouts and make adequate provisions for each other's safety. Standing on anything which makes one's position insecure is prohibited."

Following the Hearing, which was ultimately held on November 21, 1985, Claimant was assessed a 15 day deferred suspension. The record contains substantial evidence in support of the Carrier's determination that Claimant failed to position himself a safe distance away from a fellow Trackman while working.

Over the years, all Divisions of this Board have consistently ruled that employee responsibility cannot be avoided by shifting the blame to supervisors or other employe actions and ,job performance. (See Second Division Awards 9151 and 6538.)

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:~y~
N~ J. p - Executive Secretary

Dated at Chicago, Illinois, this 25th day of February 1988.