Public Law Board No. 2363
PARTIES Brotherhood o*f Maintenance of Way Employes
TO
DISPUTE
:
and
Louisville and Nashville Railroad Company
STATEMENT 1. Suspension of Welder Helper I. Fisher for
_OF
CLAIM: 10 work days was without just or sufficient
cause.
2. The record of claimant shall be cleared
of the charges and he shall be paid for all
time last pursuant to paragraph 1 of Rule 27(f).
FINDINGS: While claimant and another welder, L. K. Cox,
were engaged in repairing defective welds, the
power drill that was being used was struck and
damaged by a train. Cox was in charge of the
operation and was demoted because of the inci
dent; six months later, he was restored to the
Welder position.
2
a3 ro3-~e~·o
I ~
While Cox was
in
charge of the project at the
time the drill was struck, we find
no
basis for substituting
- our.judgment for that of Carrier in this matter and setting
aside its conclusion that claimant should have been more alert..
Claimant was aware that they were receiving
no
flag protection
at the time
in
question. The difference in the discipline ad
ministered to Cox and claimant adequately reflects the difference
in their responsibility for the mishap.
AWARD: Claim denied.
Adopted at Louisville, Kentucky,
7ecen.E.r toy 1979.
I w .
arold M. sto , Chairman
Cier Member Employe Memo