PUBLIC LAW BOARD NO. 58513
PARTIES
SIA_TEMENT OF CLAIM:
2.

 Award No.

 Cams No. 371

 {Brotherhood of Maintenance of Way Employes

 {The Burlington Northern Santa Fe Railroad {Farmer (ATSF Railway Company

 The Carrier violated the Agreement when Claimant Ni. D. Gillett
 (182Q418) was issued a 1C!-day Record Suspension with a one, year
 probationary period for violation of Maintenance of Way Safety Rules
 1.2.8 · Alert and Attentive and Rule 1.1.1 - Maintaining a Safe Course
 an March 8, ZIT. The Claimant allegedly sideswiped a light pole,
 while driving the, grapple truck. Mr: Gillett should be paid fat all
 wages lost and made whale commencing March 8, 2007 and.
 continuing forward and/or otherwise made whole.

As a consequence of the violation referred to in part 1 the Carrier shall immediately correct the Claimants discipline retards and make Claimants whale far all time lost.


Upon the whole record and all the evidence, the Board finds that the parties herein are Cornier and Employee within the meaning of the Railway 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 thin dispute were given due notice of the hearing thereon.

The incident is outlined in the Statement of Claim, as is the discipline. A review of the transcript shows the only fact that was substantiated was that in making a tight right turn, Claimant knocked over a utility paler It was not broken It just came out of the ground. There was no damage to the truck.

There was testimony that the pale was in the branches of a large cedar tree. Claimant did not see the pole. Ne figured he might clip same branches in making the

PLB NO. 5850

 Page 2

 Award No.

 Case No. 371

 turn. He did clip some branches, but he also knocked over the pole:
 Claimant was candid about the incident, fully admitting he did knock over the pole in attempting to make a tight right turn into a narrow road.
 This Board finds for the Claimant:` He was careful, he was, not negligent. Claimantls discipline record is to be cleared and he is to be paid for ail time lost, if any.

 AWA

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimantts) 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 & Neutral Member

 David D. Tanner, For tie Employees

 Dared: ,r//S /1Cj

 Samantha Rogers, FoftCarrier