Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41509
Docket No. M W-41$13
13-3-NRAB-00003-120054
The Third Division consisted of the regular members and in addition Referee
Dr. Lou Imundo when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
Rail Conference
PARTIES TO DISPUTE:
(BNSF Railway Company (former Burlington Northern
( Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The discipline [Level S 30 day record suspension and a one (1) year
review period] imposed upon Mr. J. Lipes by letter dated October
15, 2010 for alleged violation of Maintenance of Way Operating
Rule (MOWOR) 1.1.2 Alert and Attentive and MOWOR 1.6
Conduct on September 10, 2010 at approximately 1400 hours at
Mile Post 50 on the Peoria Sub, when the BNSF Vehicle #14618 he
was operating was involved in a vehicle accident hitting the welders
truck, damaging the fender on the section truck, was arbitrary,
capricious, unwarranted, and in violation of the Agreement
(System File C-11-D040-4/10-11-0035 BNR).
(2) As a consequence of the violation referred to in Part (1) above, the
Carrier shall now remove the aforesaid discipline from Claimant J.
Lipes' personal record."
Form 1 Award No. 41509
Page 2 Docket No. MW-41$13
13-3-NRAB-00003-120054
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.
There was substantial record evidence to support the conclusion that the
Claimant failed to remain alert and attentive and, as a result, his vehicle was involved
in an accident. We do not find that the discipline assessed was arbitrary or capricious.
Accordingly, the discipline will not be disturbed.
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 19th day of February 2013.