"ICE PRESY,
P:f`.1S .e 4f·
._
PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
PLB Case No. 30
NMB Case No. 30
(1) Carrier violated the Agreement when on
July 11, 1994, J.Z. Martinez, SSN 55088-7867, was suspended from the service
of the Southern Pacific Lines for five
(5) days.
(2) That Mr. J.Z. Martinez be compensated
for the five (5) days of loss of work
and that his record be cleared of all
charges.
FINDING
Claimant J.Z. Martinez was assessed a five-day Suspension
for having violated Rules 1844 and 1006 of the Safety and General
Book of Rules when he allegedly operated a ground throw switch in
an unsafe manner on May 21, 1994, resulting in a personal injury.
53 ~6-3a
Claimant apparently was hit in the left knee when a switch
handle came up and struck him. He alleged that he was startled
when the Trainmaster yelled at him from behind while he was
throwing the switch.
Carrier's witness suggested that Claimant had pushed the
switch handle part of the way down and was holding the remainder
of the arc way of the handle down with his foot when the incident
occurred.
Carrier argues that whether Claimant put his foot on the
handle is irrelevant. His knee was positioned in such a way as
to place it in the arc of travel of the switch handle. Rule 1844
states in pertinent part that employes are to position themselves
in such a manner that their bodies are clear of the arc or line
of travel of the switch lever.
It appears to this Board that an unfortunate series of
events caused the injury to Claimant. While he was partially at
fault,he clearly is not deserving of a five-day Suspension. A
Letter of Reprimand should be sufficient to place him on notice
of the need to take more care in the future.
53cI 67 - 30
Claimant was afforded a full and fair hearing. The discipline assessed is to be modified in accordance with these Find-
AWARD
Claim sustained in part and denied
in part. Within thirty days of the
approval of this Award, Claimant's
Suspension is to be reduced to a
Letter of Reprimand and he is to be
compensated accordingly.
H. old,
Neu ·a Chairman
C.F
1:21--9--
Employe Member
D.A. Ring,
Carrier Me er
.,
Date of Approval