The Third Division of the .adjustment Board, upon the whole record and an the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 193.1.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
This dispute involves an incident which occurred on March 7, 1995, wherein an injury was sustained by 11 'elder Helper O. P. Johnson in repairing a bolt machine.
Claimant C. li. Bennett and F. C. Greer were employed as Trackmen and were operating the bolt machine on Track No. 2 at Carrier's Fanshaw Yard, near Richmond, Virginia. On the afternoon of :March 7, 1995, Welder W. M. Wilkins (Claimant) and Welder Helper O. P. Johnson arrived with their welding truck to pick up the bolt machine. Upon their arrival, they were asked by Trackman Greer if they had any bolts with them, because a bolt in the machine had broken. During the process of attempting to repair the machine (first using a bolt provided by Welder Wilkins which broke and later in attempting to temporarily repair the machine with a piece of steel rod) that the injury of Welder Helper Johnson occurred.
Welder Helper Johnson was taken to the Richmond Memorial Hospital for medical treatment to his injured finger. On March 13, 1995, Roadmaster G. L. Phelps wrote Mr. J. B. Hahn, Mr. W. M. Wilkins, Mr. O. P. Johnson, Mr. C. H. Bennett, Jr., and Mr. F. C. Greer advising that an Investigation would be held on March 17, 1995, in the Office of Division Engineer, 100 Oakland Avenue, Florence, South Carolina.
Following the Hearing which was held on March 17, 1995, Claimants Wilkins and Bennett received a letter dated April 6, 1995 from Division Engineer J. C. Tomkins advising that they were being assessed a written reprimand for their involvement in the Form l .award No. 31863
incident occurring on March 7, 1995, sshich resulted in the injury to Welder Helper O. P. Johnson.
The record in this case, which includes a lengthy transcript, reveals a number of inconsistencies in the testimony of Roadmaster Phelps, who was the Carrier official who investigated and initiated the Investigation to determine the facts surrounding the incident.
He admitted that the employees were using a machine which was having problems. lie admitted that he filed to provide the proper pins. He also admitted that he was shown a broken chuck by the employees.
It is quite evident that the responsibility for the injury to Welder Helper Johnson lies with the negligence on the part of the Roadmaster who was permitting employees under his supervision to use a faulty machine which, on more than one occasion, was repaired with improper bolts and/or improvised to run on a self-fabricated bolt that was made from a steel rod.
Based on evidence in this record, it is quite clear that while the discipline is not severe and only a letter of reprimand, the fault cannot be properly placed on the Claimants. Accordingly, we find that the claim must be sustained in its entirety as presented by the Organization.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.