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:
(Consolidated Rail Corporation
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.
Parties to said dispute waived right of appearance at hearing thereon.
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.
A W A R D
Claim denied.
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.