Brothethood ofMaintenance ofWay.Employes Division IBTRail Conference
Award No. CaseNo. 60
Carrier's File8-01061 DHR
Delaware and Hudson Railroad Company d/b/a Canadian Pacific Railway
1. The discipline<[ten (1O) day a.ctual suspensfonJ assessed to Mt'. J. Jackson by letter dated April 29, 2015 for alleged violathln ofBngineering Safety Rule E-2 on or about February 9, 2015 was arbitrarJ\ without just cause and constituted a violation of the Agreement.
2, As a consequence of tl1e violation referred to h1Part 1 above,the Cartier shall overturn the discipline and that the Carrier develop and publish a Corrective Action Pliin on how to address the underlying issue,
This Public Law Board 7357 finds that the parties are Canier and Employee, within the meaning of the Railway Labor Act, as amended, and that this Board has Jurisdiction.
By letter datedApril 29, 2015; the Claimant, Mr; J. Jackson,: was notified by the Canier
that he was assessed the discipline of a I0-day actual suspension as follows: Dear Mr..Jackson,
As a result of the facts developed at the formal investigation hearing, held on Monday, April 13th, 2015 at l 3:00 In Oneonta NY you have been found to be in violation of Engineering Safety Rule E-2.
L Operate all vehicles in a contmlled and careful manner to preventaccidents,. or
collisions with other vehicles and objects.
l
PLB No. 7357
Award No. 60
You are suspended for 10 Days. Effective Thursday, June 1111\ 2015 returning on June 261h , 2015.
s/Doug Lane (Manager Bridge Maintenance NEUS)
The Organization appealed the discipline, and the matter has been progressed to this Board adjudication.
No basis exist in the record before this Board to set aside the discipline on procedural grounds.
Mr. Jacksonis vehicle was stuck in the snow and he called Ken Harrington to come up with the loader to pull him out. As Mr. Harrington was pulling Mr. Jackson out, Mr. Jackson's vehicle kept sliding further down the hill, but Han'ington kept pulling and as he did Mr. Jackson could feel a plastic pipe scrape across the two doors on the passenger side. (See Tr. 21)
Mr. Jackson testified that he had no control over the vehicle as follows:
A. I - I had no control. I was trying to give it what gas I could and what traction I could to help get me out of the swamp there. (Tr. 13)
We find that the Carrier has not met its burden of proof that Mr. Jackson was in violation of Engineering Safety Rule E-2. We must sustain the claim to the extent of overturning the discipline and payment for all time lost.
Award Claim sustained.
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Dated:--1-2/7/1-7 -------
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