PUBLIC LAW BOARD N0. 4431

Parties to the Dispute

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

VS.

BURLINGTON NORTHERN RAILROAD COMPANY

STATEMENT OF CLAIM

This claim is to pay Mr. R. D. Byrd for all time lost and the investigation be removed from Mr. R. D. Byrd's record.

FINDINGS

Case No. 17

Claimant R. D. Byrd was, at the time of the incident that gave rise to this case, employed by Carrier as a Laborer. He was assigned to Tie Gang No. 8 at Lyle, Washington. At the completion of the day's work on June 25, 1986, Claimant, as well as other employes, were riding the Tie Tamper from the job site to the station to tie up for the night. Prior to the Tamper coming to a complete stop in the station, Claimant stood up to grab his lunch bucket. At that point, the Tamper moved forward and Claimant fell off, injuring himself. Claimant was charged

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with an unsafe action and an investigation was scheduled. As a result of that investigaiton, Claimant was found guilty and assessed a five-day suspension.
This Board has reviewed the record and we are compelled to conclude that Claimant acted in an unsafe manner when he stood up to get his lunch bucket while the Tamper was still moving. The Board has also concluded that we can not substitute our judgment for that of Carrier in dealing with unsafe behavior that leads to employes being injured. We therefore conclude that Carrier did not violate Claimant's rights

by the manner in which the charges were made or the hearing was carried -

out, and that a five-day suspension is appropriate.

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AWARD

The claim is denied.

R. E. Dennis, Neutral Member

. G. Glover, Employe Member
~f. merman, Carrier Member

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Date of Adoption