PUBLIC LAW BOARD No. 4381: CASE No. 22
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
v.
BURLINGTON NORTHERN RAILROAD
STATEMENT OF CLAIM
1. The discipline (thirty days of suspension and restriction from service
as a foreman and assistant foreman in the Maintenance of Way Department,
B&B Subdepartment) imposed on N. J. Polston for alleged violation
of General Rule 'M', Rule 500, Rule 502(B) of the Rules of the Maintenance
of Way Department and Rule 567 of the Safety Rules and General Rules
was arbitrary, unwarranted and excessive (System File S-P-338/AMWB
86-05-13A).
2: Mr. N. J. Pblston's seniority as B&B foreman and assistant foreman
shall be restored and unimpaired, his record cleared of the charges
leveled against him, he shall be compensated for all wage loss suffered,
and he shall be allowed all privileges and benefits he would have
enjoyed had he not been disciplined.
FINDINGS
The transcript of this case indicates that the Claimant, Mr. James
Polston, was provided a fair and impartial hearing. The photographs,
mentioned in testimony but not included with the transcript, do not materially
affect the value of the transcript, either for the preparation of an
appeal or for the review and decision of this Board. The testimony is
sufficient in and of itself.
The record of this case is clear and convincing on the central issue.
Mr. Polston was instructed by his supervisor, Mr. Scott Kipperberg, to
stay four (4) to six (6) feet clear of specific underground fuel lines
when Mr. Polston's crew drove support rails to construct a retaining
wall. Nevertheless, under Mr. Polston's supervision, a rail was aligned
and driven at a location that struck a fuel line, causing the line to
rupture and release thousands of gallons of highly volatile jet fuel.
Mr. Polston has provided no credible explanation for his failure to follow
Mr. Kipperberg's specific instructions. Mr. Polston was responsible
for rupturing the fuel line and creating an extremely dangerous situation.
The thirty (30) day suspension and demotion have served their purpose.
Mr. Polston shall be restored to service as foreman, effective the date
of this Award.
Lt3N - 22- ~g 2
AWARD
The thirty (30) day suspension is upheld; Mr. Polston shall be restored
to service as foreman, effective the date of this Award.
L
Vi b~
Chairman and Neutral Member
Maxine M. Timberman Karl P. Knutsen
Carrier Member - Organization Member
Date