PUBLIC LAW BOARD - NO. 3514
Case 43 Award 43
PARTIES: Consolidated Rail Brotherhood of Maintenance
to- Corporation and
of
Way Employes
DISPUTE:
STATEMENT OF CLAIM: That Trackman William Attardi was unjustly
suspended for fourteen days as a result of a hearing held on
August 19, 1981, that the discipline imposed be stricken from his
record, and that he be compensated for all lost time while out of
service.
FINDINGS: This dispute arose after the Carrier, subsequent to an
investigation, found that the Claimant failed to properly protect
Company. equipment and that he violated one of its safety rules.
The Carrier.maintains that the Claimant, who was a truck
driver at the time that the incident leading to this dispute occurred,
left the door open on his dump truck. Shortly thereafter, the truck
was struck by a passing train, causing damage to the Carrier's
equipment.
While the organization raises a number of reasonable questions
with respect to the causes of the train striking the truck (such as
the condition of the equipment involved), the Carrier's conclusion
that the incident occurred because of the Claimant's negligence is
well-founded from the evidence adduced at the hearing. The Board
PLB No. 3514 C-43 A-43
Page 2
particularly notes the Claimant's admission that he did not close
the truck door "hard enough". This acknowledgment, as well as
other matters of record, provides substance to a finding of guilt
to the basic charge.
Under the circumstances herein, the Board has no legitimate
basis to disturb the penalty assessed.
AWARD
The claim is denied.
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F,/pT. DomZd i Ecke and Mue5a" J. P
Carrier
A1emer
Neutral Member Employ
APR 11 ?985