PUBLIC LAW BOARD No,
seso
Award No.
Zoo
Case No. 207
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE
:
(The Burlington Northern Santa Fe Railroad (Fomwr
(ATSF Railway Company)
STATEMENT OF CLAl11
:
1. The Carrier violated the, Agreement on July E, 2001, when k Issued
Mr. W. D. Sullivan, a 10.day record suspension for allegedly violating
Maintenance of Way Safety Rule S74.1.2, for failing to property wear
his seat belt.
2. As a consequence of the violation referred to above, the Carrier
shag remove any nwntion of the Incident from Mr. Sullivan's
personal record, and make him whole for any wages lost, per the
Agreement
FINDINGS
Upon the whole record and ail the evidence, the Board finds that the parties
heroin an carrier and employee within the meaning of the
Railway
Labor Act, as
amended. Further, Ow Board is duly constituted by Agreement, has jurisdiction of the
Parties and of the subject matter. and the Parties to this dlsputs wen ghlsn due notice of
the hearing thereon.
1
Claimant sustained an Injury April 19, 2001.
while
working as a seetforrman on a
spiker. He admittedly was not wearing a seat belt.
Rule 14.1.2 roads:
"...Wear seatbells while operating or riding in equipment or vehicles that
an equipped
with
Own ...."
The following appeared in the transcript:
Pays 2
PL-,6 ND. S9Sb
"236.
O. So that on April 19'° you were not wlarinp a seat belt when
you sustained a personal ityury near Contraba, lllinob?
A. No. I wasn't."
The above-quoted Q&A Involved Claimant. Them can be no doubt of Claimant's
culpability. The discipline Is rat but of line.
Award No. zo-7
Case No. 707
CIahm denied.
AWARD
ORDER
This Board, after consideration of this dispute Identified above. hereby orders that
an award favorable to the ClainarM(s) not be made.
I.
r. Cha rman
a
Neutral Umber
2-xl
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Rick B. Wehri, Labor Member
DOW-
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