Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35319
Docket No. MW-34198
01-3-97-3-696
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 (withheld from service pending outcome of
investigation and subsequent letter of reprimand) imposed upon Mr.
R. K. Eoff for alleged violation of Rule 70.1 in connection with an
injury sustained by Mr. W. Allen on March 7, 1996 was without
just and sufficient cause and on the basis of unproven charges
(System File D-245/1021517).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimant shall receive the remedy prescribed by the parties in Rule
48(h)."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 35319
Page 2 Docket No. MW-34198
01-3-97-3-696
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 pulled, jerked a track wrench out of
fellow employee W. Allen's hands, causing a personal injury to Mr. Allen's
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 20 years of
seniority, failed to comply with Rule 70.1 by engaging in the referenced misconduct. For
whatever reason, the Claimant decided to behave in a manner that led to the injury of
a coworker. 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. 35319
Page 3 Docket No. MW-34198
01-3-97-3-696
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.