PUBLIC LAW BOARD NO. 5418
Case No. 55 Award No. 55
PARTIES Brotherhood of Maintenance of Way Employes
to -and-
DISPUTE: Springfield Terminal Railway Company
STATEMENT OF CLAIM:
Appeal of the discipline of a 10-day suspension
imposed on Brian Larson.
FINDINGS: On November
21, 2003,
the claimant was given a notice charging him with the
following offense:
"Negligence in the Performance of Duties
Specifically, on November
14, 2003,
the transmission on the PC-90
Piggy Packer machine failed which was determined on Nov. 17, 2003
to have been caused by a lack of oil. Also on November 21, 2003 the
Hyster Reach Stacker needed 50 gallons of hydraulic oil and also needed
to be greased. It was your responsibility to properly service and maintain
both these pieces of equipment located in Ayer, MA. on a daily basis."
The Carrier asserts the claimant failed in his responsibility as a Mechanic to properly service
and maintain the equipment in question, and that his negligence contributed to the equipment
failure.
During the claimant's hearing, Cagier witness, R. C. Musgrave testified that subsequent
inspection of the involved equipment showed that the fluid levels were not properly checked. He
pointed out that prior to the incident, there were no reports of any fluid spills or broken hoses on
the equipment, and the fact that they had to add approximately 80 gallons of oil to the machine,
supports the fact that "nobody was checking the machines for quite a while".
In his defense, the claimant points out that on November
21 a,
he was off on a personal day.
He maintains that on the other days set forth in the charge, he had checked fluid levels on the
PLB No. 5418 C-55JA-55
Page 2
equipment and they were full. To support his contention, he introduced into the record a
statement from a co-worker that said he had watched the claimant check the fluids on November
15'.
After a thorough review of the parties' submissions, we cannot sustain the Organization's
position in this case. It is evident from our reading of the record, that there is substantial
evidence to support the Carrier's determination that claimant failed to carry out his responsibility
to assure the equipment was properly maintained. Clearly, the addition of approximately 80
gallons of fluid to a machine is a substantial amount, and is a condition that a Mechanic certainly
should have noticed.
Therefore, based on the record, we agree with the Carrier that the claimant was guilty of the
offense for which he was charged and that discipline was warranted. However, the Board
concludes, that in light of the claimant's discipline free service, we deem the discipline assessed
for this first offense to be excessive and it shall be reduced to a Reprimand. Thus, claimant is to
be paid for any lost time due to the suspension.
AWARD: As specified in the Findings.
~~ Fry is J. D9 alski
Ne tral Mdm er
T. W. McNulty B. A.inter
Carrier Member Organization Member
Dated: '7-a6-0
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