AWARD NO. 'o 3 CASE NO. 53 PARTIES TO THE DISPUTE: United Transportation Union (CT&Y)
Atchison, Topeka and Santa Fe Railwav
(Coast Lines)
The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
On June 29, 1993, Claimant was involved in a rough coupling on Carrier's mainline track at Mobest, Arizona. Despite the higher than normal impact of the coupling, there was no damage. The crew proceeded to accomplish their duty assignment. The incident came to light only after the conductor later made a report of minor injury as a result of jumping to the ground just prior to impact.
Following investigation, Carrier determined there was joint responsibility between the engineer and Claimant for the rough coupling. The engineer, however, was only assessed a deferred
Law Board No. 4901
suspension that did not produce an actual loss of pay as contrasted with Claimant's 20-day loss of pay.
The record of investigation contains conflicting testimony regarding this incident. Nonetheless, after careful review, we rind that Carrier had sufficient substantial evidence upon which it could determine discipline was appropriate. Our review, however, fails to reveal any justifiable evidentiary basis for assessing disparate discipline between the two jointly responsible employees. On this record, we are forced to conclude that Claimant's 20-day
suspension, therefore, is reduced to a deferred to that assessed the engineer. Accordingly, restored for all losses attributed to the actual