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:

The Carrier's discipline [thirty (30) daysactual suspension] of Mr. H. Chase, by letter dated November 27, 2017, in connection with allegations that he violated CSX Transportation Operating Rules 100.1, 104: 1 and 2007.3 was arbitrary, unsup ported, unwarranted and in violation of the Agreement (Carrier's File 17-51731 CSX).
As a consequence of the violation referred to in Part 1 above, Claimant H. Chase 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.

The facts in this case are not in dispute. On October 8, 2017 Claimant was driving a Company truck, delivering materials to CP Draw. On that day, Claimant drove under a bridge that had a 12' clearance. His truck had a minimum height of 13' 6". Consequently, the truck struck the

07/15/19