Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35321
Docket No. MW-34232
01-3-97-3-732
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 [five (5) day suspension] imposed upon Laborer M.
M. Farrington for alleged violation of Union Pacific Rules 1.1 and
70.11 in connection with an injury he sustained on February 26,
1996 was unwarranted, arbitrary and on the basis of unproven
charges (System File D-243/1017269).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimant's record shall be cleared of the charges leveled against
him and he shall be compensated for all wage loss suffered."
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. 35321
Page 2 Docket No. MW-34232
01-3-97-3-732
The record indicates that the Claimant sustained an injury to his hand while he
used a claw bar on February 26, 1996. The injury led to the Claimant going to the
hospital, where he received six stitches and a tetanus shot. Rule 1.1 underscores the
need for employees to work in a safe manner and Rule 70.11 contains the procedure for
using bars and levers.
A careful review of the record substantiates that the General Foreman completed
a report about the incident. The General Foreman found that the Claimant had
acknowledged that he had messed up; that the Claimant had jerked too hard on the
claw bar; and that the Claimant's action had caused the injury to occur. Although
during the proceeding the Claimant apparently had sought to deny any responsibility
for causing his injury, the combination of the injury and the testimony of the General
Foreman constitutes the requisite proof for the Carrier to have had a reasonable basis
to find the Claimant responsible for causing the injury under these specific
circumstances.
The record further reflects that the Claimant had received two prior disciplinary
actions. As a result and consistent with the concept of progressive discipline, the Carrier
had a right to impose a five day suspension for this incident to underscore to the
Claimant the importance of working safely. 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.