(Brotherhood of Maintenance of Way Employee PARTIES TO O·SPi~T (The Burlington Northern Santa Fe Railroad (Former (ATSF Railway Company) STATEM-Off OF CLA·tii:
      1. The Carrier violated the Agreement when Clainwnt B. dmia was

        given a Ten (10) they Record Suepenslon when the Carter found the

        Ctaknant in vice of Maintenance of Way Sony Rules S-1 L& The

        Cwt was issued excessive discipline as a neault of an accident

        in backing a truck. The Claimant did try to work in a safe manner

        while backing a vehicle. The Claimant should be paid any toss of pay

        commencirql June 11, "" forward and or otherwise made wtmie,

        and the d#scipiMe should be removed n nom his record.

      Z. As a consequence of the violation rofnrd to M pad 1 the Caller

shall immediately cornet the Clafman t's distip0ne reds and make
 Claimant whole for a0 time cost
 FINK
 Upon the whole record and an the evidence, the gosrd finds that the parties heroin are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has juron of the Parties and of the sub)eat msdter, and the Paris to this dispute ware given ire notice of the head" tlweon.
      Claimant was, as of date of the incident, a Wilder who is asxigned a truck

On June 10, 2008, Claimant was sparred by his Supervisor backing his truck without anyone ouiding him from the back of the truck. Because Claimant back" the truck without a guide watching h&n bsmkup, Claimant was cited for a Rules viofahon, found guilty and assessed a 10-day record suspension (no lost time).
 Page 2 PLB NO. 5850 Award ft. 3 S3
 Case No. 363

      The Rule which Claimant supposefy violated is Rule 5.12.8.1 which states;

        "When backing vehicles other than automobiies and pickup trucks,

      position someone new the back of the vehicle to guide nwvemont, when

      avalia W." (Undoncoring added)

When no one is available, the driver must inspect the art he ito back through looking for any obstacle that would Impede his movement

Claimant tostitisd he scouted out the area he Intended to back through and did not see anything than wouAd Impede his backing.

The key words are "when available", but fit corder also cavem a situation when no ono is available.

To this Board, Cla(msnt's actions wee within the scope of the $O" Rules. He stated no ono was available as everyone was vend his Assistant was with his Supervisor. Nothing was dunaged; no one was hUrt.

Undw these circumsbnces. Clams backup was within the scope of the Safety Rules. The clabn wgi be austlined.


                        AWARD

      Claim sustained.


                          DER


This Hoard, afr consideration o! the dispute identified above, hereby orders that an award favor" to the Ciairmtnt(s) be made. The Carrier h ordomd to make the award efsecthre an or before 30 days following the date the sward is adopted.


              A4

              Robert L H ks, Chairman Mornber


David D. Tanner. For the Employees Glenn W. Coughuon, For tie
 Dated:

      %1~4y