Case No. 418 - Award No. 418 - Claimant: Kebort
Carrier File No. 14-11-0171
Organization File No. F- I I-IOD.CLM
Public Law Board No. 5850, upon the whole record and all the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that the Board has jurisdiction over the dispute herein; and that the parties to the dispute were given due notice of the hearing and did participate therein.
Claimant, Jeff J. Kebort, has been employed by the Carrier since 2007. On December 13, 2010, the Carrier notified Claimant to attend an investigation for the purpose of ascertaining the facts and determining his responsibility, if any, in connection with his alleged failure to ensure that all equipment components will clear before passing over crossing, switches, derails and frogs, while performing duties as a Machine Operator, causing damage to Machine #X0500060, on December 6, 2010 on the Red River Valley Subdivision, Iowa Park, Texas. The investigation was held on March 2,
2011. Can March 22, 2011, the Carrier issed a discipline letter determining that Claimant had committed the misconduct alleged, in violation of Maintenance of Way Operating Rule 6.50.3 Equipment Components Clear, and assessed him a Level S 30-day Record Suspension with a 36-month review period.
The Organization filed the claim in this matter on September 2, 2011. The Carrier has filed no declination. We sustain the claim an that basis, and order that the discipline assessed to the Claimant be revoked and his record corrected accordingly.