Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAI1
1. That the carrier violated the provisions
of the current Agreement when it dismissed
Utilities Robert K. Hodgson on unproven
charges. Said action being extreme, unduly
harsh and in abuse of discretion.
2. That the carrier now reinstate Claimant to
his former carrier position with seniority
and all other rights restored unimpaired,
with pay for all loss suffered, and his
record cleared of all charges.
FINDINGS
By letter dated August 17, 1991, Claimant was called to
an investigation
PLB Case No. 16
NMB Case No. 16
..in connection with your alleged
dishonesty, indifference to duty and
willful disregard or negligence affecting the interests of the Company when
you allegedly used the Company's credit
and name to purchase and transport, on
2
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! to
head lamp. In attempting to right the machine, however,
$7,516.92 worth of damage was incurred.
Claimant was charged with the failure to control
properly the equipment in his charge. Following an investigation, he was disqualified from working as a Class No. 17
Tractor-Bulldozer Operator.
Upon a complete review of the record, including the
transcript of the hearing, this Board does not find sufficient evidence to sustain the charge against Claimant. It
does not appear that he was operating in a careless or
negligent manner (in violation of Rule 607) or that he was
exercising insufficient care to avoid injury or damage (as
per Rule 1.1.37). Rather, it appears that a combination of
factors, including a deflated tire, may have contributed to
the accident.
For all of these reasons, the claim must be sustained.
AWARD
Claim sustained.
C.
1s . _
.H. Gold, Neutral hairman
C.F. Foose, Employe Member J artin, Carrier Member
Date of Approval