Award No. 17
Z`
Case No. 172
(Brotherhood of Maintenance of Way Employee
PARTIZA TO DISPUTE.
(The Burlington Northern Santa Fe Railroad
BTATEMSNT OF CLAIM:
1. That the Carrier's decision to issue a Non-Serious 10-day Record
Suspension to Central Region Employee D. M. Stokes was unjust
2. That the Carrier nor rescinds their decision and expunge ail
discipline, and transcripts and pay for all wane loss as a
result of an
Investigation held at 10:00 a.m. on March 27, 2001 continuing forward
and/or odwrvrtss made whole, because the Carrier did not introduce,
substantial, credible evidence that proved drat the Claimant violated the
rules enumerated in their decision, and even K the Claimant violated the
rules enumerated in the decision, a record suspension !s extreme and
harsh discipline under the circumstances.
3. That the Carrier violated the Agreement particularly but not limited
to Ruts 0 and Appendix 11, because the Carrier did not introduce
substantial, credible evidence that proved the Claimant violated the rules
snwnenbsd In their decision.
FI
f _,NDIlVG8
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee within the meaning of the Raltway Labor Act, as
amended. Further, the Board is duly constituted by Agreement,
has jurisdiction of the
Parties and of the subject matter, and the Parties to this dl:puts were given due notice of
the hearing thereon.
On March 8, 2001, Carrier wrote Claimant notifying him of an Investigation:
"...for the , purpose of ascertaining the facts and determining your
responsibffity, K any, in connection with your alleged violation of
Rules(:)
Polls 2 Award No.
tI
~.
Case No. 172
1.1, 1,1.1, 1.11 and 1.1< of the Maintenance of Way Operating Rules, in
affect 12:01 a.m., Central time! January "i, 1999, Including revisions up to
April 2, 21100 as amended or supplemented and Rule 8-1.T of the
Maintenance of Way Safety Rules, in effect 12:fl1 a.m., Central time,
January 31, 1889, Including revisions up to October 10, 1998, as amended
or supplemented, concerning your alleged failure to use proper tools to
perform task which resulted in personal injury at MP 811.8, panhandle
Subdivision, Amarillo division, at approximately 4:00 p.m. on Wednesday,
March 't, 2001, while assigned as
Welder an Headquarter welding truck in
Pampa, Texas."
On April 17, 2001, the Carrier advised Claimant of the results of the Investigation
and the assessment of a, "Non-serious 90-day Record Suspension."
There is no controversy concerning this matter. Claimant, In completing an injury
report, stars, as a cause for the injury,
that he used the wrong toot.
Regarding the discipline assessed. Claimant has
not had a reportable injury since
he commenced service with
the Carrier in 3996. He suffered a lacerated thumb which he
will undoubtedly remember far some time. The 10 day record suspension is reduced to a
record entry of facts.
AWAR
D
Claim sustained in
accordance with the Findings.
ORDER
This
Board, after consideration of the dispute Identified shave, hereby orders that
an award favorable to the Ci:irnant(ay be made. The Carrier b ordered to make the
award
effective
on or before 30 days following the date the award is adopted.
Robert L. Hicks, Chairman & Neutral Member
.
Rick 8. Wehrli,
Labor Member homes M. Rohiin~.
Carrier her
Dated:
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