psaslnp hats designated 1490D and 1890DD. After becoming book of rules qualified, the FRA requires yearly racsrfcation and the Carrier does this through a class session called Know Your Limits.
When Claimant reported for work as a TrackmanlFlapmen on January 3, 2001, the Rosdmester asked Claimant if he had barn to and passed a Know Your Limits 2000 class. Clatrnant responded affirmatively, and when asked, Claimant also named the class instructor and the location.
The first half of the workday, Claimant was not required to secure track and time protection, but In the afternoon they wanted to perform some work on the main Bne which would require track and time protection not only for the track the work train occupied, but also for the adjacent track as the hsevy equipment, when in operation, would foul that track as well
The Roadmasisr overheard the radio contact Claimant made with the Diapther and determined something was amiss. Hs then questioned Claimant again on his qualifications, and from his answers the Roadmaster believed him not to 6e qualified although Claimant did affirm, again, his attMdance at a Know Your Lknits 2000 class.
Claimant opted not to attend the Investigation and he did so at hie own peril. But even in absentia cases, the Carter still must furnish substantial evidence of-Clainant's culpability.
Apparently, the transcript of Ctalmant's record load classes and training sessions he attended through Juror 30, 2000. In that short Bat was an entry for a February 2, 2000, Know Your Limits Class. Focusing on that entry, the . Carrier
and that the instructor's name was not even close to the name Claimant gave, Thus, it was their determination that Claimant ryas not correct when he stated not once, but twice, that he had attended and passed a Know Your Lknits class.
But this Board finds in Claimants personnel transcript dated April 24, 2001, that on December 18, 2000, them appears an entry Indicating that Claimant was in attendance at a Know Your 1-knits cis". Apparently, this record was not available to those conducting and testifying at the January 24, 2001 Investigation.
h could be that Claimant did attend this .class and when he responded affirmatively not once, but twice, to the question, "Have you attended a Know Your Uffft cis"" he was not dkhon"t
Furthermore, it was clearly established that the Know Your Umits class: ass intended to recertify on a yearly, basis those who an book of rules qualified, but passing the recertification test, if that did Indeed occur, does not certify that the individual is book of rules qualMed.
CuaOMestlon comes only through writing the book of rules and passing a wnkben test on the rules. This process, as stated before. is listed as 161100 (writing the book of rules) and 169ODD (passing a written best on the rules). There is nothing In Claimant's file to indicate he eras book of rules qualified.
The Carrier has not established that Claimant ryas not In attendance on December 18, 2000, for the Know Your Limits class, thus Claimant cannot be labeled as being dishonest M the Roadmasbr had asked Claimant H he was book of rules qualifted and received an afMmstNe response, a violation of Rule 1.6 could have been uphaid, but In this Instance the Carrier has not established that Claimant gave misleading krformation
Page 4 pL6 NO . SOSo Award No. )a8