Appeal of UPGRADE Level 1 Discipline assessed Engineer E. R. Powers and request the expungement of discipline assessed and pay for all time lost with all seniority and vacation rights restored unimpaired. This action taken as a result of the investigation held on January 4, 1996.
The Carrier and the Employees involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act, as amended. This Board has jurisdiction of the dispute here involved.
Claimant was charged with failure to "inspect locomotives in a timely manner resulting in delay to and re-crewing of the GSNCSE24 and possible delay to other trains." Following a formal investigation Carrier found claimant guilty of the charge and assessed Level 1 discipline; however, this was raised to Level 2 under the progressive provisions of the UPGRADE Discipline Policy in that claimant's discipline record was already at Level 1.
Upon reviewing the hearing transcript in its entirety, it is the opinion of this Beard that there is not sufficient evidence produced to sustain a charge that claimant was guilty of causing the delay and re-crewing of the GSNCSE-24 and possible delay to other trains. It is our finding here that Carrier has failed in its burden to provide substantial evidence that claimant was at fault in this instance.
The other portion of the charge deals with failure to inspect locomotives in a timely manner. While there is a dispute in the record about the time claimant was delivered to his train, Carrier made no effort to resolve the conflict, therefore, the Board will accept claimant's uncontested testimony that he was delivered to the train at 1:30 AM. When Carrier witness, Mr. L. H. Khort, arrived at the train at 5:20 AM, the inspection had been completed and claimant had so notified the Yardmaster (tr. p 6). The question before this Board then is whether or not the inspection of the three engines, plus the performance of a locomotive consist air ~'G~' /L> O, 57 (q Award No. 49