PARTIES Brotherhood of Maintenance of Way Employes
to -and-
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM:
Appeal of Track Foreman Carl M. Brittain to have the
discipline of a ten (10) day suspension and disqualification as Track Foreman removed from his record.
FINDINGS: The Claimant was found to have improperly operated a
boom truck because he left the boom in an upright position,
causing it to strike electrical wires, resulting in an electrical
outage and damage to two poles.
We find substantial crediblt evidence adduced at the hearing
to support the Carrier's determination herein. However, while we
do not minimize the Claimant's violation of the Carrier's Safety
Rules, we also conclude, from our review of the pertinent facts
and in consideration of the Claimant's many years of service, that
he should be afforded another opportunity to serve as Track Foreman, subject to satisfactorily meeting Carrier's requirements.
AWARD
As specified in the Findings. The disqualification will be
PLB No. 3514
Page 2
C-121/A-124
removed within thirty (30) days of the date of the Award.
However, no back pay will be due the Claimant.