Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35318
Docket No. MW-34197
01-3-97-3-694
The Third Division consisted
of
the regular members and in addition Referee
Robert L. Douglas when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The discipline (Level One discipline/letter
of
reprimand) imposed
upon Sectionman W. R. Allen for alleged violation
of
Union Pacific
Rule 70.1, in connection with a personal injury he sustained on
March 7,1996 at Duncan, Oregon, was arbitrary, capricious and on
the basis
of
unproven charges (System File D-244/1021518).
(2) As a consequence
of
the violation referred to in Part (1)
above, ` . . . Claimant Allen's personal record should be cleared
of
the Level One discipline, letter
of
reprimand and no mention related
to the March 8, 1996, notice
of
charges should be made part
of
his
personal record."'
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all 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, 1934.
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 35318
Page 2 Docket No. MW-34197
01-3-97-3-694
Parties to said dispute were given due notice of hearing thereon.
The record indicates that the Carrier issued a letter of reprimand, dated March
26, 1996, to the Claimant. The letter of reprimand provided, in pertinent part, that:
".
. . regarding charges that while working as Sectionman, on Gang 6633,
on March 7,1996, in Duncan, Oregon, at or near MP 248.50, you were not
working in a safe manner when you sustained a personal injury to your
right wrist, elbow and shoulder, your actions are in violation of Union
Pacific Rules, 70.1, effective April 10, 1994.
70.1 Safety Responsibilities
Employees are responsible for their personal safety and are accountable
for their behavior as a condition of employment. Employees must take
every precaution to prevent injury to themselves, other employees and the
public. Employees must report any dangerous condition or unsafe
practice.
Employees must be aware of and work within the limits of their physical
capabilities and not use excessive force to accomplish tasks. Good
judgment is required in fulfilling job responsibilities safely.
Past practices that do not conform with the rules are unacceptable."
Rule 70.1 constitutes a reasonable work Rule. The safety of employees, other
employees, and the public constitutes a critical requirement of each member of the
workforce. The failure to comply with such a reasonable work Rule provides a
legitimate basis for the Carrier to initiate appropriate discipline.
The present record substantiates that the Claimant, who had over 25 years of
seniority, failed to comply with Rule 70.1 by engaging in the referenced misconduct,
which involved the misuse of a wrench. For whatever reason, the Claimant decided to
behave in a manner that led to his injury. Such unsafe and avoidable action by the
Claimant provided the Carrier with sufficient cause to issue the disputed letter of
reprimand.
Form 1 Award No. 35318
Page 3 Docket No. MW-34197
01-3-97-3-694
The record omits any indication that the Carrier failed to follow the procedural
requirements concerning the imposition
of
the disputed discipline. As a result, the
Award shall provide that the claim is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 16th day
of
February, 2001.