PUBLIC LAW BOARD NO. 5650
Award No. 2.l o
Case No. 210
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(The Burlington Northam Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM
:
1. The Carrier violated the Agreement on January 3, 2002, when It
issued the Claimant, Mr. D. M. Stokes, a 30-day record Hook
suspension, for allegedly violating Rules 1.1, 1.12, and 1.8 of the
Maintenance of Way Operating Rules, Rules 5-1.1 and 8-1.8.2
of
the
Maintenance
of
Way Safety Rules, Rule 1.13 of the Engineering
Instructions, and Rule 1.8.40
of
the Track Walden Manual, causing
an injury to his welling partner.
2. As a consequence of the violation referred to in part (1), the Carrier
shall remove arty mention of the Incident
from
the Claimant's
personal record, and make him whole for any wages loot account
of
this incident.
FINDINGS
Upon the whole record and all the evidence, the Board finds that the parties
herein are carrier and employee within the meaning of the Railway Labor Act, as
amended. Further, the Board is duty constituted 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.
On November 18, 2001, the Carrier advised Claimant
of
ft intent to convene an
Imeatigatlon:
"...ascertaining the facts and determining your responsibility N any, in
connection with your possible violation of Rules 1.1, 1.1.2, 1.8, and 6.3.4 of
the Maintenance
of
Way Operating Rules, in affect, January 31, 1988 as
supplemented or amended. Rules S-1.1 and S-1.8.2
of
the Maintenance of
Page 2 PLB No . S
8~
Award No. 2/O
Case No. 210
Way Safety Rules, in effect, January 31, 1999, including revisions up to
October 10, 1999 as supplemented or amended, Ruls 1.1.3 of the
Engineering Instructions and Rule 1.6.40 of the Track Welding IAanual, In
effect February of 1999, as supplemented or amended, in connection with
your personal injury sustained at approximately 1:08 p.m on November 12,
2001 at East Canadian, while working as Welder headquartered at Pampa,
TX, on the Kansas Division."
Following the Investigation, Claimant was assessed a 30 day Record Suspension.
Rule
1.6.46 reads:
"When possible, piece all equipment at least 8 feet from the track,
such that it will not be struck by a train or trip those working near the
track."
A power cable running from the truck to the workshe was laying outside the track
but on the tie ends. When this particular train went by, somehow something on one of
the care snagged the power cable, drawing It tight before it snapped. Claimant's partner
was tangled in the cable and was thrown to the ground on his shoulder. He was notseriously injured, but k could have been much worse.
If Claimant had followed the 8 foot rule, a rule he was familar with, neither the
injury nor the damage to the cable would have occurred.
Claimant was In violation of the afonquoted Rule. A review of his record reveals
this was his third brush with the disciplinary procedures In 2001, and once In 2000.
Under the circumstances, the discipline was not out of line.
AWARD
Claim
denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claknent(s) not be made..
Pays 3 PL-,e ou-0 · 'J6BS0 Award No. 210
Case No. 210
Robert L Hicks, Chs rrtrn d Ne 1 Member
Rick B. Wehrlk Labor Member Thomas IA. Rohlinp, Carrier Me r
Dated:
Dlt-r"'Oe
i a1
11 1
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