Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the provisions
of the current Agreement when it suspended
Foreman R.M. Saldivar. Said action being
excessive, unduly harsh and in abuse of
discretion.
2. That the Carrier now reinstate Claimant
to his former Carrier position with senior
ity and all other rights restored unim
paired, with pay for all loss suffered
and his record cleared of all charges.
FINDINGS
PLB Case No. 41
NMB Case No. 41
Foreman R.M. Saldivar was installing a stationary piece of
track (frog) at French Camp, California, on May 25, 1995, when he
injured his back. He was called to an investigation to consider
whether he had violated relevant safety Rules.
Following the
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2~~'
hearing on August 15, 1995, he was found in violation of Rule
1.1, Safety:
Safety is the most important element in
' performing duties. Obeying the rules is
essential to job safety and continued
employment.
It is the responsibility of every employee
to exercise care to avoid injury to themselves or others. Working safely is a
condition of employment with the Company.
The Company will not permit any employee
to take an unnecessary risk in the performance of duty.
No job is so important, no service so urgent,
that we cannot take the time to perform all
work safely.
Claimant was assessed a nineteen-day suspension, which the
organization disputes
in this claim.
This Board has reviewed the entire record of the case,
including the transcript of the investigation. In the final
analysis, we are unable to find sufficient evidence to support
the charge that Claimant was working in an unsafe manner or
taking an unnecessary risk. Four of five Management witnesses
who observed Claimant on the day in question could not identify
any occasion when he was supposedly working unsafely. The fifth
Management witness, who did not observe Claimant working, drew
his conclusions from Claimant's comments about the incident
later.
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539rG-4I
Claimant refused to sign a waiver and accept a ten-day
Suspension because he did not believe that he was at fault. This
Board agrees. The discipline assessed Claimant is therefore
rescinded and any mention of it is to be expunged from his file.
AWARD
Claim sustained. Upon thirty,
days of the approval of this
Award, Claimant is to be made
whole.
C.H G
Old,
Neutr C airman
Poo'. 'DD
Employe Member Carrier Me er
Date of Approval