(Brotherhood of Maintenance
of
Way Employes
PARTIES TO DISPUTE
:
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM-
I , The Carrier violated the Agreement when Claimant Eddy Jones
(1162247) was given a Ten (10)-Day Record Suspension for alleged
violation
of
Maintenance of Way Safety Rules S-17.25-Power Line
Clearance, and BNSF Engineering Instructions 14.10.2-Cranes and
Boom Trucks. The Claimant was not rules qualified and had not
been trained to avoid overhead guide wires with the boom. The
Claimant should be reinstated with seniority vacation, all rights
unimpaired and pay for all wage loss commencing September 10,
2007, continuing forward and/or otherwise made whole.
2. As a consequence of the violation referred to In part 1 the Carrier
shall Immediately correct the Claimant's discipline record and make
Claimant whole for all time lost.
Upon the whole record and all the evidence, the Board finds that the parties
herein are Carrier and Employee within the meaning of the Rai" Labor Act, as
amended. Further, the Board is duly 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 August 2, 2007, the Carrier wrote Claimant advising an Investigation was
being convened:
"...for the purpose of ascertaining the facts and do"mining your
responsibility, if any, regarding your alleged failure to operate Grove Crane
BNX 1600073 safely and maintain a mandatory, minimum Clearance of a
Page 2 Award No.
Case No, 324
power line, while "signed as Machine Operator with Gang RP-19 on July
31, 2007, on the Galveston Subdivision at Knowd Junction, Mile Post 215.1,
at approximately 1310 hours, when the machine you were operating struck
and tore down an over-htad power line."
The investigation was held August 7, 2007, after a mutually-agreed postponement.
On September 10, 2007, the Carrier, believing it had furnished sufficient evidence
of Claimants culpability for the discipline assessed, advised Claimant he was assessed
a ten-day record suspension.
The Organization appealed Carrier's position and filed the claim that is now
before this Board.
After reviewing the transcript of the Investigation, there is no doubt that Claimant
did not know about the power line. He stated the crane did tear down some power lines.
Of this the Board Is fully convinced, but he was without eyes watching him from the
ground. Neither he nor any one of the 37 men In the crew were aware the power lines
existed in the territory they were to work.
The Foreman and the Roadmaster were to scout the area before the work began
just to preclude what has transpired. The Foreman fully admitted he forgot about the
wires, so the job briefing before the start was incomplete. If she briefing would have
included the power lines, everyone in the crew would have been aware of their presence.
The Assistant Foreman who was on tire ground in front of the crane could have assisted
Claimant In remaining clear of the wires.
Of the others who had a responsibility for what occurred, they walked away free
from any discipline as far as this Board knows. Claimant should not be solely
responsible for what happened. Had others been penalized, this Board would have
Page 3
Award No.
Case No. 324
upheld the discipline. Claimant should not be the only one holding the bag for this
incident
This was
a group failing, not just one lonely crane operator.
AWARD
Claim sustained.
ORDER
this
Board, otter consideration of the dispute identified above, hereby orders that
an award favorable to the Ciaimant(s) be made. The Carrier is ordered to make the
award effective on or before 30 days following the date the award is adopted.
Robert L. Hicks, Chairman d, Neutral Member
Q'YL`J~Q
-'r' -'
David D. Tanner, For the Employees
Dated.
Samantha Rogers, For
,9(a
carrier