$FOTH=OOD OF MAINTENANCE OF WAY EMPLOYEES

and

ILLINOIS CENTRAL RAILROAD

PUBLIC LAW BOARD No. 4331: CASE No. 9

STATES OF THE CL~E~'I

M.L. Spencer was improperly dismissed.

OPINION OF TIE BOARD

On December 4, 1986, the Claimant, Mr. Mike Spencer sustained an eye injury. Mr. Spencer was subsequently dismissed from employment with the Carrier for being accident prone. The Organization contends that Mr. Spencer was dismissed without adequate and sufficient reason.

The record of this case indicates that during the period of January 17, 1983 and December 4, 1986, Mr. Spencer sustained eight (8) injuries. Among 185 Track Department employees, during the same time period, there was an average of .58 accidents per employee. Notwithstanding differences in type of work perfor, nature of injuries and time lost from work among the 185 employees, Mr . Spencer's accident record is significantly higher than the average. Mr. Spencer has attended safety classes during his employment, nevertheless he repeatedly sustained injuries. There is substantial evidence from which to conclude that Mr. Spencer is accident prone.

Given Mr. Spencer's past record of employment, this Board finds no basis for leniency.

Claim denied

Ronald L. Miller

Chairman and Neutral Member -

J.S.A ibbins D.B. olcmay
Carrier Member Organization Member

Date