Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
Award No; 63
Case No. 63
Carrier's File 8-01048 DHR
Delaware and Hudson Railroad Company d/b/a Canadian Pacific Railway
t. The discipline [thhty (30) day actual suspension] assessed to Mr. R Mattison, by letter dated February 1, 2016, for alleged violation of Engineering Safety Rule. Book Section E 2 Vehicles Used For Company Business, General Code of Operating Rules (GCOR) 1.1.1 Maintaining a Safe Course; GCOR 1.6 Conduct and GCORl .J9 Care of Property was arbitrary, capricious and without just or insufficient cause and. constituted a violation of the Agreement.
2. As a consequence of the violation referred toin Pa11 l above, we requestthat Claimant R Mattison be made whole for all losses incurted as a result of the discipline.
This Public Law Board No. 7357 finds that the patties are Can-ier and Employee, within the meaning of the Railway Labor act, as amended, and that this Board has jurisdiction.
By letter dated February l, 2015, the Claimant, M1•; Roger Mattison, Jr. was notified hy
the Canier that he was assessed the discipline ofa 30-day suspension to be served as follows: Dear Sit:
As a result of the facts developed at the formal investigation hearing, held Thursday January 1511\ 2015 you have been found failing to comply with engineering Safety Rules, in violation of Engineering Safety Rule Book Section E 2 Vehicles Used for Company Business - failure to operate a vehicle in a controlled and careful manner to prevent accident, or collisions with other vehicles and objects, and failure to conduct a
l
Award No. 63
walk around of the vehicle to identify any obstacles, clearance restrictions, or adjacent vehicles thatmay interfere with executing a s fe movement prior to backing up. Also failing to comply with General Code of Operating Rules, in violation ofGCOR Section
1. t l Maintaining a Safe Course - failure to take the safe course, GCOR Section 1.6 Conduct- beingdisbonest, and GCOR Section l, 19 Care of Property-using railroad property for personal use.
Your record has been assessed with a 30-day suspension, to be served. This suspension will begin on February znd and wilLgo to March 13th, 2015 with an expected return to work. the date of March 161h , 2015.
s/Daniel Adamson Director Structures Maintenance East
The Organization appeals this discipline, and the matter has been progressed to this Board for adjudication.
The Can·ier has met its burden of proof with substantial evidence of record, that Mr. Mattison failed to operate a vehicle in a controlled and careful manner to prevent accident, or collisions with other vehicles and objects and failure to conduct a walk around of the vehicle
thatmay interfere with executing a safe movement prior to backing up. This eight-year employee with a clea:r record offered to pay for the damage to this vehicle, costing from $700 "'
$800 to repair. The Carrier's findings ofresponsibility beyond the charge, identified in the January 12, 2015 hearing notice must be expunged from the Claimant's personal record.
Considering the Claimant's full admission ofresponsibility to the January 12, 2015 charge, and the Claimant's positive personal employment record in the context ofthe facts ofrecord before us, the thit1y-day suspension shall be reduced to aJ O..ctay actualsuspension. Mr. Mattison shall accordingly be made whole for the time lost for the excessive suspension period. And the reference to the General Code of Operating Rules determinations GCOR Section 1.6 Conduct - being dishonest, and GCOR Section 1.19 Care of Property '-- using railroad for personal use, must be deleted from his record.
Award
As per Findings.
ORDER: The Carrier shall comply with this award within thit1y (30) days.
tA;)
Can-ier Member Organization Member
Dated:
:1..=2-./.:7_:/1.:..7.., _ _