(1) The discipline of Machine Operator T. Trujillo for alleged ' . violation of Operating Rule J and Operating Rule L, Safety Rules 3, 4, and 11 which, together, contributed to injury to fellow employee, Mr. Andrew Gonzales, on May 22, 1989,' was without just and sufficient cause, arbitrary and on basis of unproven charges (System File C&W-89-02).

(2) As a consequence of the violation referred to in Part (1) hereof, the Claimant's record shall be cleared of the charges leveled against him, he shall be compensated for all wage loss suffered and he shall be afforded the benefits prescribed in the Agreement."

Following an investigative hearing, the Claimant was assessed a letter of reprimand in connection with his operation of a crane. He was also required to undergo retraining. In the course of preparing the crane for storage following its assigned use, the Claimants operation of the crane permitted it to move forward, injuring a fellow employee who was standing in front of the crane.

In its submission, the organization appropriately summarizes the situation as follows:.

"The central question to be answered is whether the proximate cause for the accident was the actions of the Claimant or the fact that the crane in question had been malfunctioning, with the Carriers knowledge and acquiescence, for some time prior to the date that this dispute arose."

The record indicates that the crane was not functioning in a fully proper manner. Given this circumstance, it is also apparent that the Claimant failed to take precautions as to applying safeguards against the accidental movement of the crane. The resulting injury to an employee cannot be overlooked. The reprimand notice was clearly not punitive in nature, and the Board does. not find it inappropriate.

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