PUBLIC LAW BOARD NO. 5850

Award No. 2ll

Case No. 211

(Brotherhood of Maintenance of Way Employ" PARTIES TO DISPUTE: (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company)

STATEMENT OF CLAIM :

1. The Carrier vioistad the Agreement on January 3, 2002, when k

issued the CIaknant, Mr. W. O. Stroup, a 30-day record Book

suspension, for allegedly violating Rules 1.1, 1.12, and 8.3.4 of the

Maintenance of Way Operating Rules, Rules 3·1.1 and 3·1.5.2 of the

Vaintenanee a( 'Nay Safety Rules, Rule 1.13 of the Engineering

--4nsh'uctiwrs, alnd~ufe1:8t~tll~TrazkWeklersnual;-rauf~np

in a personal Injury to himself.

2. As a consequence of the violation referred to in part (1j, the Carrier

shall remove any mention of the incident from the Claknant's
personal record, and make him whole for any wages loat account of
this Incident
FINOINGS
Upon the whole record and all the evidence, the Board finds that the parties herein an carrier and employee within the. meaning of the RaihWy 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.
This is a companion case to the Incident outlined in Case No. 210 of this Board. Claimant was injured.
The major Rule is that corrtalned In the Track Welding Manual requiring all equipment to be placed at least 8 feet from the rail, when It Is possible to do so. k was
Page 2 PLs tip . 585-° Award No. Z11
Case No. 211 po"ble in this instance, As stated in Case 2% the power cable was on the outside of the track, but laying on the Us butts.
When Claimant was asked If he understood the Rubs he was allegedly in violation of, ha responded by simply stating it was the first tine M had heard of the B foot Rule. It was then developed he was never Issued a copy of tM Track Manual.
Ignorance of a Rule does not automatically call for a mitigation of discipline, but when a Claimant is cited for viols" a Rule in a book that has never been issued to him, he cannot be heM in violation thereof

AWARD

Claim sustained.

ORDER

This Board, after consideration of the dish identified above. hereby orders that an award favorable to the Claimant(s) be made. TM Carrier Is ordered to make the award effective on or before 30 days following the date the award kit adopted.

Bert L. Hicks, Chairman 3 Neutral Member

~ J"- 21
Rick 6. ehrB, Labor Member Thomas IIL Rohing. Carrier Ma r
Dated: A-re rsb! y' ~. D 0 2