AWARD NO. 376

Case No. 376


Organization File No. Carrier File No. 18-01549


PUBLIC LAW BOARD NO. 7163


PARTIES TO DISPUTE

) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION,

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

)

) CSX TRANSPORTATION, INC.


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:


  1. The Carrier's discipline [fifteen (15) days actual suspension] of Mr. M. Leifer, by letter dated December 5, 2017, in connection with allegations that he violated CSX Transportation Operating Rule l00.l was arbitrary, unsupported, unwarranted and in violation of the Agreement (System File Carrier's File 18-01549 CSX).


  2. As a consequence of the violation referred to in Part l above, Claimant M. Leifer shall be fully exonerated, have all charges dismissed, properly compensated and given all benefits, rights and credits."


FINDINGS:


The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

Following an investigation at which he wascharged with placing his conditional stop boards inside the working limitsof another 707 Track Authority, Claimant wasassessed a fifteen-day actual

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PUBLIC LAW BOARD NO. 7163

AWARDNO.376

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suspension. While the Carrier has suggested that Claimant's placement of the conditional stop boards may lead to confusion as to who has authority over that trackage, the record does not show a rule that prescribes what should or should not have been done in this case. To be sure, the only rule violation cited by the Carrier in the discipline notice is Operating Rule 100.1, which merely directs that employees must know and comply with the rules.

Based upon the record before the Board, we must find that the Carrier has not established that Claimant had violated a rule that subjected him to discipline. The discipline imposed, therefore, must be reversed.


AWARD: Claim sustained. Carrier is directed to comply with this Award within 45 days.


Andrew Mulford Employee Member


Dated: --07/-15-/19----

Arlington Heights, Illinois

Katrina Donovan Carrier Member