Award NO. 3 5
Y
Cam No. 354
(Brotherhood of Malntenaace of Way Employs*
PARTIES TO DISPUTE:
(Than Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT Of CLAIM:
1. The Cater violated the Agreement when Claimant J. Woody was
given a Level 8 ThMy (301 Day Record Suspension when the Carrier
found the Claimant in violation of tltaintsnance of Way Be" Rule 8
1.2.3. The Claimant was issued excessive as a result of an
accident
ng
a ballot regrbW: The Claimant had little
training with the rnachlne and lhnibad visibility,
thus sinking the
battery box. 'the Cwt should be paid any loss of pay
commwtch p August Z'·. 2006 d and or
otherwise nwde whole,
and the discipline should be removed front his rmrd.
Z. As a conssquernse of the violation reared to in part 1 the Carrier
shall hnanedistaly correct the Clams discipline records and make
lard whole for ail time lost.
FINOMM
Upon the whole record and all the evidence, the Board finds that the parties
herein are Carrier and Employee within the meaning of the Ralhway Labor Act, as
amended. Further, the Board ix dully arnstbutad by Agreement, has jurisdiction of the
Parties are! of the subject matter, arid the Parties to this dbputa were area due notice of
the hearing thereon.
Claimant hired out July 8, 2007, and commenced working as a Trackroan. On
September 24, 2007, he became a member of a mobile
pang
and as of the dab of this
incest
was sWl with the gang.
Apparently, he Maniac! lne savvy as while working as a Trackman with the yang,
PLB NO. 5850
Page 2 Award No
3 6 -f
Case No. 364
whenever there was a need for someone to opwabs the ballast regulator in the absence
of a qualified Machine operator, his Supervisor called Claimant to fill In In order to
complete whainrer assignment trey had. Claimant
never refused. Hs sbpPsd up and
performed as his Supervisor expected.
In fact,
Claimant trained a Machine Operator who bid on the job who had no
experience.
On the dab of this incident, the regular Mashlns Operates messed up somehow
and they took that Operator
to the nearest
facif to be
tested.
While that
was occurring, the Foreman asked Claimant to step up and run the
regulator.
When he was fliling in, one arm of the regulator moved a battery box of about 3' x
3' made of cement, disconnecting one of the wires. I! there was any other
tee,
It
was not
brought out.
When the battery box incident happened, Carrier established
this
Investigation
and then assessed Claimant a 30-dam record suspension.
If there was no one with Claimant's mechanical ability when the regular Operator
was away, no one would have driven that m1ulator. This aumly would have caused senesce
down
time.
During the Imtestl9atloo, Claimant had been forth right In his testimony and
explained fully how this ACCIDENT occurred.
It Is this Board's opinion that accidents do happen. In this instance, Claimant
with nothing but a Trackman's standing did what he could to keep the gong's
productivity tine farm going away.
page 3 Award No
3 5 `'I
Case Me. 354
The claim is sustained.
Claim sustained.
This ward, alter
consideration of this dispute
klea~ above, hereby orders that
an award favorable to the
Claimants) be made. The Carrier is ordered to make the
award efectWe on or before 30
days foilowlng tlw daft the award In adopted.
Robert L. Hicks, Chainno
'r
nMember
Q
David D. Tanner.
For the Employe" . 0
nn W. Cau ron, For theor