1. That Ue Carriers decision to issue a Level 1 Record Suspension for

bon (10) days to Track Supervisor John R. Banks was unjust

2. That the Carrier now rescind their decision and expunge all

discipline, and transcripts and pay for all wage loss as a result of an

Investigation held at 10:00 a.m. on January 20, 2002 continuing

forward and/or otherwise made whole, because the Carrier did not

Introduce substantial, credible evidence that proved that the

Claimant violated the rules enumerated in their decision, and even If

the Claimant violated the rules enumerated in the decision, Record

Suspemion is extreme and harsh discipline under the

circumstances.

3. That the Carrier violated the Agreement particularly but not limited

Upon the whole record and a1 the evidence, the Board finds that the parties heroin are carrier and employee within the meaning of the Rai" Labor Act, as amended. Further, the Board is duly consdtubd by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.

White working Chrlsbnas Day In 2001, Inspecting track, Claimant and a coworker

Claimant and his coworker discussed what they needed to do and how they were going to do it. They bid out the necessary tools and the bolts. Claimant pot the old bolt out, lined up the holes with a drift pin and was In the process of seating the bolt with the sledgehammer as he could not Insert the bolt all the way. While swinging the sledge, he felt it slip some, causing him to hit a washer he had laid out on the tie. The washer ricocheted off either the pandrol plate or the nut then hit his shin with enough force to break his Ing plus cutting a gash In IL

Claimant started with the Carrier January 3, 1971, when he was 18 years old. He had several brush" with the disciplinary process (one In 1980, the other 1983), but since that time until the present, he has a clean record.

He was performing a chore his partner says they have done at least a thousand tines. The Carrier has not furnished sufficient evidence that Claimant violated any oxlsting Rubs. He was using the proper tools, he was standing correctly, and as far as this Board is aware, he was garbed In the required safety gear. The Rules cited are Rules that could be cited any duo anyone Is Injured

Under the circumstances, the claim will be sustained. All traces of this Incident other than the Injury Itself, are to be removed from Clalmant's record, and U he has lost any tlms, he Is to be compensated as provided in the Schedule Agreement.

AWARD