PUBLIC LAW BOARD NO. 7357


PARTIES TO THE DISPUTE:


Brotherhood of Maintenance of Way Employes Division -IBT Rail Conference


-and-


Delaware and Hudson Railroad Company d/b/a Canadian Pacific Railway

Award No. Case No. 61

Carrier's File 8-01062 DHR


STATEMENT OF CLAIM: Claim of the system Committee of the Brotherhood that:


  1. The discipline [thirty (30J day actual suspension and permanent disqualification as a foreman] assessed to Mr. J. Jackson by lettet datedApril 29, 2015 for alleged violation of General Code of Operating Rules (GCOR) 1.1.3 Accident, injuries Defects and GCOR 1.6 was arbitrary, capricious and without just Ol' sufficient cause and constituted aviolation of the Agreement.


  2. As a consequence of the violation referred to in Part 1 above, we requestthat Claimant J. Jackson's record be cleared of all mention of the incident; that he be made whole for all time lost as a consequence of the suspension; and that he be ptovided all difference in pay suffered asa consequence of the permanent disqualification from the foreman classification as wen as all other relief contained in our letter of claim dated June 30, 20 l


FINDINGS:


This Public Law Board 7357 finds that the parties are Carrier and Employee, within the

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meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.


By letter dated April 29, 20 LS, the Claimant, Mr. Jeffory Jackson was notified by the Carrier·that he was assessed a.30 day suspension as follows:

Dear Mr. Jackson,


As a result of the facts developed at the formal investigation hearing, held on Monday, Ap1il 1311\ 2015 at 12:00 In Oneonta NY. You have been found to be in Violation of GCOR 1.1.3 and GCOR 1.6.

PLBNo. 7357

Award No. 61


1.l.3 Accident, Injuries Defects

Repo1t by first means of communication any Accidents, personal defects in tracks Bridges, or Signals, or any Unusual Conditions that may affect the safe and efficient operation ofthe railroad. Where tequired, furnish a written report promptly after rep011ing the incident.


1.6 Conduct

Employees must not be:

  1. Careless ofthe safety ofthemselves or others

  2. Negligent

  3. Insubordinate

  4. Dishonest

  5. Immoral

  6. Quanelsome

    Or

  7. Discomteous

Any act.of hostility, misconduct or willful disregard or negligence affecting the interest of the Company or its employees is Cause for dismissal and must be reported.

Indifference to duty or to the performance of duty will not be tolerated.


You are suspendedfor JO Days. Effective Thursday, April JOlh June 1oui,2015 returning On June 111h , 2015 and your Position as an employee in charge (Foremen Position) is pe1manently.restricted at CP RaiL


s/Doug Lane (Manager Bridge Maintenance NEUS)


The Organization appealed the discipline, and tho matter has been progressed to this Board for adjudication.

No basis exist to set aside the discipline on procedural grounds.


Substantial evidence ofrecord supports the Canier's dete1mination that Mr. Jackson was fn violation of GCOR 1.1.3 which failed to report by first available means the damage to a company vehicle; and GCOR 1.6 negligence in not reporting the incident (See Tr. 31 where Mr. Jackson admitted that he was negligent in not reporting the incident).

Mr. Jackson testified how he was plowing snow and perhaps had a foot of snow stuck with ice underneath when his truck got stuck, and when the front-end loader was pulling him he

PLB No. 7357

Award No. 61


could a pipe slide image the door as he was being pulled out. The reason he did not report it was that he was seared of losing his Job. (Tr. 30)

Mr, Jackson has been employed by the Canier since August 1984 and has been a bridge and building foreman since 2009. Award No, 60 of this Board we found tbatthe Carrier failed to prove an Emergency Safety Rule violation and we set aside the discipline in that case.

We shall reduce the thirty-day suspension in this case to a 10-day actual suspension reflective a progressive approach to discipline1 and he shall be made whole for time lost as a result of this adjustment. We make no adjustmentto the Carrier's restriction of record as to the Claimant's status as an employee in charge (Foreman Position).


Award

As per Findings.


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ORDER: The Carrier shall comply with this award. within thirty (30) days.


,,/,,,Chairman and Neutral Member


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Carder Member


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