PARTIES) THE ATCHISON, TOPEKA AND SANTA FE RAILWAY CON.PAL:Y TO ) DISPUTE) BROTHERF10OD OF MAINTENANCE OF WAY EMPLOYEES

 STATEMENT OP CLAIM:

 1. That the Carrier`s decision to disqualify Los Angeles Division Pile Driver Operator D. M. Renno from his position was unjust.

 2. That the Carrier now lift the disqualification from Claimant Renno's record as a result of investigation held January 13, 1984 because the Carrier did not introduce substantial, creditable evidence that proved that the Claimant violated the rules enumerated in their decision, and even if Claimant violated the rules enumerated in the decision, disqualification as Pile Driver Operator is extreme and harsh discipline under the cireumetances.

 FINDINGSt This Public Law Board No. 1582 finds that the parties era n are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was notified to attend an investigation in the Division Engineer's Office, San Bernardino, California concerning his alleged failure to operate Pile Driver 199454 in a safe and proper manner on November 16, 15, 16, 17, 28, 29, December 7 and 8, 1983 at MP 247 on the Fourth District, Los Angeles Division in assible violation of Rules l and 16 of Form 2626 Std. and Rules 1,
 3, 4, 215 and 224 of Form 2629 Std. and Rules A, C, K, and 1056 of the Rules of Maintenance of Way and Structures: Pursuant to the investigation the claimant was disqualified as a Pile Driver Operator. The Union filed a claim in t1.e claimant's behalf.

 The transcript contains 53 pages of testimony. The Loard has eonsidered all of the evidence. D. H. Gosnay, the Assistant General Goreman, San Bernardino testified that while they were unloading T-rails the claimant was dropping the T-rails anywhere from 8 to 10 feet in the air over people and just letting them go. lie testified that this happened several times at both bridges while they were unloading. The T-rails were 14 to 28 feet long.

 Mr. Gosney further testified that he asked the claimant what the problem'was, and the response was that "there wasn't enough weight in the T-rails." He testified he couldn't understand why some were being dropped and some were not.
 PI,B - 1582

J. D. iiaiston, the B & B Foreman, teatificd that the claimant was having trouble with the machine and that he sat the a-rails down pretty fast. tie stated that none of the members of his gang complained, and he did not believe that :.,ie claimant was unsafe.

 David Tsllyar, H 6c 8 Carpenter, testified that ha was on the bridge setting rails, setting docks, taping bolts off sad on when "someone hollered out to leak out and before I could move the sail was-bouncing on the tap o£ the rail that was already set, and I had no where to go an I was on the end of the scaffold. . " the evidence indicates that the claimant was operating the Pile Driver at the time. Hr. Tallyer testified that..-he was lucky he was not killed. k. Ii. Connolly, a B & 8 Mechanic, testified that he was on duty at the same time and that it was a "clears call.°.'

 J. Villaipaado, Jr. testified that hr was a H & 8 Mechanic sad was passing signals to ties claimant an the eight is question and the rail tongs that ware attached to the Pile Driver came loess from the rail that the claimant was handling. He testified that ha used both audio and visual signals to the claimant. lie further testified as to the events leading up to the dropping of a rail.

 D. E. Lozano, General Foreman of Bridge and Building, testified that he was present on the eight is question. Hs testified the he bad received soma reports earlier to the week and in previous weeks that the Pile Driver Operator had dropped so=e loads nearly causing some injuries. He testified that he was present the night of December 7 and early morning of December 8 to observe the progress of the job and to observe the safe operation of the Pile Driver. He stated that he observed the dropping of rails while he was present.

 fir. Lozano then testified that he observed one abject lifted to a height which was not safe and nearly injured z man underneath,tha, bridge. Ha testified that at approximately 1x30 a.m. a T-rail plate was being lowered by the Pile Driver which was suddenly dropped. Ile further testified that at 2:1U a.m. tl:cy uerr_ attaaptiil; to place a 2.1 feat T-rail un aar the 1·r13ge deck, and the Pile Driver Operator ~.r:.a given c signal tc r;anc _i:a load, and he raised !t approximately Z Pest, whereas they needed a 2 inch raise. lie testified this resulted in the entire bridge deck being lifted up approximately one foot, and the east end of the T-rail was forced downward by the lever action and came very clear to striking two employees on a acaffole underneath the brigs.

 Mr. Lozano further testified that appro:imately 3130 a.m. a 28 foot pieta of pail was being lowered into place directly over cap 5, and as it was being lowered it suddenly dropped from his cheat height down to the cap. He then testified that on the way down it nearly struck 4 employees, hit a sat of rail tangs on a crane that was attaches' to a crane truck and rail-that was adjacent ca where the rail was being lowered. lie testified that .Then it struck the cap the rail rocked in
 rzs - 1582 ` /SgV- Award t:o. 258
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 a sae-saw fashion 3 to 4 times before conning to teat. tie testified that at that time he determined no ape was injured, and he walked over to the Pile Driver.

 t·'.r. Lozano also testified that Mr. Connolly stated "That's it, I quit." Ha further testified that ha told the claimant "You cases very close to killing somebody, you have to to be extra careful." Ht testified that at approximately 7a00 a.m. on the morning of Decamber 8 he talked to the claimant and informed him that he was disqualified pending a formal investigation.

 R. FI. Jamaa testified that to was a 8 & m acchaaic on tine night in question sad he saw tine rail fall and thought it hit Dave Tellyer and that be thought it bounced and hit his again.

 The claimant testified that he requested a ZS toe hook. which cakes a three part line that is threaded on the hammer lies on Pile Driver 199454. Fir further tcaartificd that it was co=on practice of all the operators ht had observed in the last night years with this machine anytime they rig the i~?le Driver crane as a crane, they put at least a 3 part hook on it. He tea.:3fied -that he was using a Faa=er line with a single hook as it. Hs rhea testified that on the days that are sat forth is the notice he was aware of loads being dropped. Hs testified that theta were several loads which wars brought down fast but only was swats of two that ware dropped.

 the Board has carefully reviewed all of the testimony including three witnesses whose testimony was not relevant to the case in question. After carefully studying all of the testimony the Hoard is unable to find that the decision of tine Carrier 1s unju;.a.ified. Without question the operation of a Pile Driver is one that requires utmost safety. The Carrier to obligated to see that its employees have every protection which can be afforded then. Under the circumstances
 herein there is no Justification for setting the decision of the
 Carrier aside.
AUAr.D: Clai.-~ denied.

                              res toe . Moore, ' Chairman


                              OIgsaiSbCion Member


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                                  er Member