PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes
and Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. The forty-five (45) day suspension assessed Machine Operator
R. L. Upah was without just and sufficient cause, excessive
and in violation of the Agreement (Carrier's File D-11-3-332).
2. Machine Operator R. L. Upah shall be compensated for all wage
loss suffered."
OPINION OF THE BOARD:
On May 5, 1980, Carrier directed a Notice of Investigation
to the Claimant on the following charge:
"Your responsibility concerning violation of Rule No. 422
of the Chicaao and North Western Transportation Company's
General Regulations and Safety Rules on May 3, 1980, at the
East Yard, Tama, Iowa when Burro Crane system No. 17-779 came
in contact with overhead high voltage wires."
Subsequent to the hearing, Claimant was given a 45-day suspension.
The hearing transcript reveals that the Claimant admits hitting
the overhead wires with the crane he was operating. He also testified that at the time he hit the wires, he was not in the process
of lifting but only traveling and that he had the boom in an upright
position while doing so. The Claimant also admitted that he had
been verbally warred a few weeks before not to travel with the boom
in an upright position. He also acknowledged understanding Rule
AWARD #13 - 2960
2
422, which states:
"Person in charge of derricks or crane-must take special
care to safeguard workmen and himself from overhead wires."
The record also reflects that the crane sustained approximately
$5200 worth of damage. It is the conclusion of the Board that Claimant's
guilty is abundantly clear.
The Organization argues the Claimant did not receive a fair
hearing and as a result was not afforded the due process he is entitled
to under the Agreement. We have carefully considered all the arguments
made in this regard and it is our conclusion that while the procedure
was different from normal it has not been shown~that it materially
prejudiced the Claimant's rights.
Regarding the appropriateness of the discipline, we do not
find it excessive.
AWARD
Claim denied.
Vernon, a1rman
raw or , ~arrier Member . Harper, Emp oye Member
Date:
5
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