PUBLIC LAW BOARD NO. 5418

- Case No. 22 Award No. 22

PARTIES Brotherhood of Maintenance of Way Employes

to -and -

DISPUTE: Springfield Terminal Railway Company

STATEMENT OF CLAIM:

Appeal of the discipline of dismissal assessed Mathew Przybyla, effective December 16, 1997.

FINDINGS: This dispute arose as a result of the claimant being

found guilty of violating several of Carrier's Safety Rules,

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in connection with the injury he sustained to his right foot while guiding a rail into a boot on a rail car on August 26, 1997.

At his December 3, 1997 hearing, the claimant, an employee

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with 17 days of service, testified that his assignment on the

date of the incident was to guide the rail on the rail cars

and that it was his first day on that assignment. Claimant

said that he used the lining bar as he was instructed, to hold

it against the rail and guide it into the rollers. During

the process, he said his right foot which he positioned at

the bottom of the lining bar had slipped, causing him to fall

backwards and his foot landed on the boot which crushed his

foot. At page 11 of the hearing transcript, the claimant

said he carried the lining bar with him after the accident

and walked 2 to 3 cars before he dropped the lining bar on

the west side and proceeded to jump off the rail cars.

Company witnesses testified that it is absolutely essential that the lining bar be used in the performance of the work in

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PLB No. 5418 C-22/A-22
Page 2

which the claimant was engaged. They stated that post-accident investigation disclosed that the lining bar was found in the

adjacent car, approximately 10 to 15 feet

occurred. They said the lining bar was

from where the accident

standing in an upright

position against the east side of the car and there was a can of soda on the top of the car. Based on the discovery, they concluded that the claimant used his foot rather than the lining bar to do the assignment.
Accordingly, in our review of the entire record, the Board does not find the claimant's testimony as being.credible. Considering all of the factors involved, including claimant's short tenure and the serious nature of the proven offense, the Board finds the Carrier did not misuse its discretion when it assessed discipline.

AWARD: The claim is denied.

David F. Sibley
Carrier Member

Dated: 3 "aS- ~' 81

Franci J. Do ski
Neutr Member

Bradley ~.~t~
Organization Member