PUBLIC LAW BOARD NO.
5850
PARTIES TO DISPUTE
:
STATEMENT OF CLAIM
:
(Brotherhood of Maintenance
of
Way Employes
(The Burlington Northern Santa Fe Railroad (Former
(ATSF Railway Company)
1. The Carrier violated the Agreement when Claimant S. M. Reves
(6401559) was issued a Level S 30-day record suspension with three
years probation by letter dated November 6, 2009 for violation of
MOWOR 1.1 Safety, 1.6 Conduct, MOWER S1.2.5 Safety Rule,
Training Practices, Policies and MOWER 51.3.1 PPE Requirements
for failure to wear proper personal protective equipment while
welding on October 6, 2009.
2. As a consequence
of
the violation referred to in part 1 the Carrier
shall stricken the discipline from the Claimant's record and any
reference there of, and that he be made whole for his lost wages and
unnecessary expenses as a result of attending this investigation on
October 22, 2009.
FINDINGS
Award No.
38 3
Case No. 383
Upon the whole record and all the evidence, the Board finds that the parties
herein are Carrier 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 this dispute were given due notice of
the hearing thereon.
Claimant was charged with failure to wear his protective gear while grinding on a
frog. Claimant testified that he finished the job then put away all his protective gear only
to determine that there existed need to grind further. He was grinding without the
necessary protective gear, I.e., face mask, leggings and respirator.
PLB NO. 5850
Page 2
Award No.
383
Case No. 383
Claimant admitted he was in violation of the Rules enacted to eliminate as much
as much injury as possible. The protective gear and Rules are for the safety of the
individuals who do the work.
When Claimant admitted he did not follow the Rules, the Carrier's burden of
furnishing sufficient evidence to support the charges was met. The Board will support
the Carrier.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(sj not be made.
Robert L. Hicks, Chairman 8 Neutral Member
David D. Tanner, For the Employees
Dated: °~?,.%~ d`'/rl
Samantha Rogers, For th crier
