PUBLIC LAW BOARD N0. 4373
PARTIES SOUTHERN PACIFIC TRANSPORTATION CO. )
(EASTERN LINES) )
AWARD NO. 6
TO AND )
CASE NO. 6
BROTHERHOOD OF MAINTENANCE OF WAY )
DISPUTE F24PLOYES )
STATEMENT OF CLAIM:
1. Carrier violated the effective Agreement when Machine
Operator Helper R. D. Allen was unjustly suspended
from service.
2. Claimant Allen shall now be paid for 240 hours at
helper straight time rate of pay and charge letter
of April 30, 1987, removed from his personal record.
HISTORY OF DISPUTE:
At the time of the events giving rise to the claim in this case
Claimant was working as machine operator helper on the Houston District.
On March 23, 1987 Claimant was working on a threader car unloading
ribbon rail and was positioned approximately twenty feet from the nearest
steps on the car. Believing that the train was about to unhook from the car
and anticipating a jarring movement that could throw him from the car,
Claimant jumped and sustained a personal injury..
By letter of April 30, 1987 the Carrier notified Claimant that his
conduct had violated Rules A and I, Rule 607 and Rule 5025 for which Claimant
was suspended from the Carrier's service for thirty days. The Organization
requested an investigation which was held. Subsequent correspondence from
the Carrier confirmed its original -findings and reaffirmed the assessment
of discipline.
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The Organization grieved the discipline. The Carrier denied the
grievance. The Organization appealed the denial to the highest officer
of the Carrier designated to handle such disputes. However, the dispute
remains unresolved, and it is before this Board for final and binding
determination.
FINDINGS:
The Board upon the whole record and all the evidence finds that
the employees and the Carrier are employees and Carrier within the meaning
of the Railway Labor Act, as amended, 45 U.S.C.3$151 et seg. The Board
also finds it has jurisdiction to decide the dispute in this case. The
Board further finds that the parties to the dispute, including Claimant,
were given due notice of the hearing in this case.
The record clearly establishes that Claimant's action in jumping
from the threader car rather than getting off the car by use of the steps was
not in accordance with the rules. Claimant fully understood that fact. The
Organization pleads mitigating circumstances. Specifically, it argues that
prior to jumping from the car Claimant had observed the train move with
employees on the car and thus concluded that the train would begin to move
before he could get off the car using a ladder. However, Claimant understood
that it is standard practice for.a train not to couple to cars while employees
are on them. The supervisor of the movement in fact would have stopped the
movement to allow Claimant to get off the car by use of the ladder. Under
these circumstances we must conclude that Claimant in essence panicked and
made an unsafe move which resulted in a personal injury. In view of the
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fact that safety is of paramount importance, we cannot find that a thirtyday suspension to impress that fact upon Claimant was excessive or otherwise improper.
AWARD
Claim denied.
v
William-E. Fredenberger, ,JY.
Chairman and Neutral Member
. r
rv
R. 0 Naylor 5. A. Hammons, Jr.
Carrier Member Employee Member
DATED:
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