PUBLIC LAW
BOARD N0, 3542
Parties
to the
Dispute
Pennsylvania Federation Brotherhood of
Maintenance of Way Employes
VS.
Consolidated Rail Corporation
STATEMENT OF
CLAIM
(a) That J. R. Cullison, employed as a Machine Operator,
be compensated for the five days loss of wages due to being
suspended beginning September 29, 1982 through October 4,
1982. That all seniority rights and other privileges
provided by either agreement or past practice be allowed
the Claimant.
(b) That J. R. Cullison's record be cleared of all charges
brought against him.
OPINION OF
THE BOARD
Claimant J. R. Cullison, a Machine Operator at Avon, Indiana,
was charged with failure to obey a Safety Rule, resulting in injury
to another employe. A hearing was held September 17, 1982, .with
Claimant in absentia. Claimant was found guilty as charged and
assessed a five-day suspension.
This Board has reviewed the record of that hearing and finds
A_q(2oA.
i1-
Case No. 18
PLB-3542
Awd. I#16
Case #18
no evidence of procedural impropriety. Claimant was properly notified of the trial by certified mail. Failure to appear is not the
responsibility of Carrier. As to the merits of this case, this
Board is convinced that Claimant was in violation of the Safety
Rule when he operated the Ballast Regulator. Claimant's misuse
led another employe to place himself at risk and, in effect, caused
his injury.
Safety is an important consideration at the workplace. As has
been stated repeatedly in other cases, adherence to Safety Rules
accrues to the benefit of all involved. Rules regarding safety
provide protection to everyone. By being in violation of one such
Rule, Claimant jeopardized the safety of
a
coworker. This action
cannot go undisciplined.
AWARD
The claim is denied.
R. E. Dennis, Neutral Member
J. dd, Employe Member
Co
(7
,4;<
Date of Adoption
R. Neil, Carrier &Member