(Brotherhood of Maintenance of Way Employes
PARTIES TO DfSPI~TE.
(The Burlington Northern Santa Fe Railroad
STATEMENT OF CLAffJQ:
1. That the Carrier's decision to assess fifteen (15) demerits to Western Region,
C. A. Cuevas' Personal Record was unjust.
2. That the Carrier now rescind their decision and expunge all discipline, and
transcripts and pay for all wage loss as a result
of
an Investigation hold
g:w
a.m. October 6, 1997 continuing forward and/or otherwise made whole,
because the Carrier did not introduce substantial, credible evidence that
proved that the Claimant violated the rules enumerated in their decision, and
even
if
the Claimant violated the rules enumerated in the decision, demerits
assessed onto his Personal Record is extreme and harsh under the
circumstances.
3. That the Carrier violated the Agreement particularly but not limited to Rule 13
and Appendix 11, because Carrier did not introduce substantial, credible
evidence that proved the Claimant violated the rules enumerated in their
decision.
FINDINGS
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.
Following an incident wherein Claimant suffered a minor injury, another employee and
Claimant were charged with various rule violations, the principle Rule being No. 6, which reads.
"...Employees must not enter into altercations, play practical jokes, or indulge in
horseplay while on duty or on company property..-."
The other employee, following the Investigation, accepted his responsibility and a 30 day
suspension. Claimant was assessed 15 demerits.
A review of the transcript reveals that the employees have been playing "practical jokes" on
each other with at least the Foreman being fully cognizant of what has been going on. To now
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Page 2 Award No. 5"?
Case No. 57
punish an employee for an act condoned by Management (Foreman) goes against the grain of good
relations.
Everyone should be put on notice such acts are to cease immediately, and if the warning is
violated the offender does so at his or her peril.
Furthermore, what occurred in this instance could not be classified as a "practical joke." The
employee who accepted the 30 day suspension was clearly the aggressor. Any reaction by Claimant
was merely in self-defense.
Under these circumstances, this Board will sustain the claim.
AWAR
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award
favorable to the Claimant(s) be made. The Carrier is ordered to make the award effective on or
before 30 days following the date the award is adopted.
a
Robert L Hicks, Chairman & Neutral Member
i
C. . -oase, L bor Mem r ~hhomas M. Rohling. C er Member
Dated:
J)ecem ber^ ~ z
~ M57