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The discipline [ten (10) day record suspension] imposed upon Mr. B. Steig by letter dated December 17, 2009 for alleged violation of BNSF Maintenance of Way Safety Rule S-1.1 Job Safety Briefing, S-14.2 Working On or About Equipment and Machines and BNSF Engineering Instruction General G.3.1 - Foreman, Track Supervisors, Track Inspectors and Bridge Inspectors for alleged failure to ensure all employes were clear when using a frontend loader to install a track panel subsequently causing injury to an employe at approximately 1715 hours on September 21, 2009 at Mile Post 1191.0 on the Hi Line Subdivision near Whitefish, Montana was arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System File B-M-2132-M/11-10-0169 BNR).
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