Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27300
THIRD DIVISION Docket No. MW-26489
88-3-85-3-225
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The discipline imposed upon Repairman R. W. Jones for alleged 'Failure to comply with safety rule #3361 (d) and (e)', was arbitrary, capricious, unwarranted, base
(2) The claimant's record shall be cleared of all charges leveled against him and he shall be compensaed for all 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.



The evidence shows that the Claimant had attempted to handle a switch hook by himself and, by so doing, he sustained an injury. The Carrier, asserts that the injury coul. in handling the switch lil,.:s: hook or by using a crane. The record also shows that the Claimant had been counselled in the past, relative to safety matters, as these applied to his personal injury record.

The Board finds substantial credible evidence with respect to the Carrier's determination in this matter.




Form 1 Award No. 27300
Fage 2 Docket No. MW-26489
88-3-85-3-225
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. X ve - Executive Secretary

Dated at Chicago, Illinois, this 12th day of August 1988.