The Claimants include a Foreman and five members of his crew engaged in an assignment to remove a piling from a creek bed near Bridge 4.42. The Foreman determined that the piling should be "pulled" by use of a large crane. During the unsuccessful attempt to remove the piling, a piece of the rigging flew off and struck one of the crew members (the Crane Operator) in the face.

The Carrier determined, after preliminary investigation and from testimony at the investigative hearing afforded the six Claimants, that there were significant lapses in the manner in which the assignment was undertaken. This included but was not limited to the Foreman's failure to conduct a preliminary job briefing with the crew as a group prior to undertaking the "pull". The Foreman and the crew members indicated there had been some individual briefing prior to and during the action. The Carrier concluded that this did not constitute the job briefing specifically required under the Carrier's safety procedures.

The organization contends that the discipline was improper and based on "unproven charges". The Board does not agree. The Board finds there was sufficient cause for discipline, given the serious consequences which might have ensued from the failure to operate in a fully safe manner; indeed, an injury to one of the crew members did result.

As to the severity of penalty, all claimants received an Entry of Censure on their records, and two of the crew members also received five-day disciplinary suspensions. The Board has no basis to find these penalties inappropriate.

The Foreman, as supervisor of the crew, received a 10-day disciplinary suspension. His discipline also included "loss of Foreman's rights". Since no date is indicated as to the length of such loss of rights, the action can only be assumed to be permanent.

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