This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
In disciplinary matters of this kind, where a mishap is involved, it is axiomatic that the Carrier bears the burden of proving, by means of probative evidence, the fault of the employee charged. This requires not only proof of improper action by the employee, but also the causal connection between the improper action and the mishap. The mere fact of an accident, standing by itself, is not proof of wrongdoing by an employee.
The record in this matter does not satisfy the Carrier's burden of proof. Neither of its two witnesses actually saw the derailment - only its aftermath. At worst, the record shows that Claimant did not have a load rating chart for the crane. Because the cribber to be lifted was of unknown weight (its weight was not stenciled on it), the record provides no explanation how the presence of such a chart would have made any difference. According to the testimony of one of the witnesses it was proper for Claimant to test lift an item of unknown weight to obtain a feel for how the crane would handle it. It was also proper to use rail dogs to hook onto the cribber.
After careful review of the entire record, we find that neither the transcript of the Investigation nor Carrier's later correspondence on the property provides a persuasive explanation of the cause of the derailment that shows Claimant to have been responsible. Under these circumstances, finding Claimant to be culpable requires us to indulge in an impermissible degree of speculation.
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.