PUBLIC LAW BOARD NO. 7564
Case No. 120/Award No. 120 Carrier File No. 10-21-0083 Organization File No. C-21-D040-7 Claimant: W.G. Jager
BNSF RAILWAY COMPANY )
)
-and- )
) BROTHERHOOD OF MAINTENANCE ) OF WAY EMPLOYEES DIVISION )
By leter dated November 19, 2020, Mr. W.G. Jager was issued a Level S 30-day suspension and a three-year review period because of his alleged “failure to properly check [the] pump drive oil and daily record fluids in the logbook for Regulator X0600269, leading to the pump drive breaking and causing significant damage and being inoperable for several days on September 28, 2020 at approximately 1200 hours while working as a regulator operator.” The Claimant allegedly violated Engineering Instruc�on (“EI”) 14.3, Operator Responsibili�es.
The Organiza�on’s December 31, 2020, claim from Randy S. Anderson, Vice General Chairman, appealed the discipline, characterizing it as failing to show by substan�al evidence that the charged employee is guilty of the charges. The Organiza�on requested that the discipline outlined in the leter received by the Organiza�on on November 20, 2020, be “overturned…and... [Claimant’s] personal record cleared of this discipline and any men�on of this inves�ga�on.”
By leter dated September 30, 2020, the Claimant received no�ce that “[A]n
inves�ga�on has been scheduled at 0900 hours, Friday, October 9, 2020 at … Lincoln, NE … for the purposes of ascertaining the facts and determining your responsibility, if any, in connec�on with your alleged failure to properly check pump drive oil and record fluids daily in log book for Regulator X0600269, leading to the pump drive breaking and causing approximately $6200 in damages and the machine being inoperable for several days on September 28, 2020, at approximately 1200 hours at or near MP54.3 on the Creston subdivision, Lincoln, NE while
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working as a regulator operator on gang ID TTPX0049.”1 A�er a postponement by mutual agreement, the inves�ga�on occurred on October 22, 2020, at 1300 hours.
The Carrier avers that the inves�ga�on was fair and impar�al. Further, the tes�mony of the Carrier’s witnesses provided substan�al evidence regarding the viola�on. Claimant conceded failing to complete the daily log for September correctly and failing to adhere to the EI 14.3. Claimant was not prejudiced by any alleged procedural errors and the assessed discipline was not excessive, arbitrary, or unwarranted.
The Organiza�on asserts that the inves�ga�on was not fair and impar�al. Claimant was presumed guilty prior to the hearing. Moreover, the Carrier failed to meet its burden of proof because the record lacks sufficient facts and evidence. Further, the discipline issued was excessive and arbitrary.
Claimant is charged with viola�ng EI 14.3, Operator Responsibili�es which provides the following:
14.3.2 Inspec�ng Roadway Equipment
Equipment Operators must keep roadway equipment clean and orderly as follows:
Inspect equipment throughout the day to ensure: Bearings and machinery are properly lubricated.
Each day, check engine oil, hydraulic oil, coolant level, air filter restric�on indicator, fuel reservoir level, power shi� transmissions, and all pump drives and gear cases for leaks before ini�al machine start-up
Claimant tes�fied that prior to commencing his vaca�on Regulator X0600269 was running fine. Both par�es concede that an unknown individual operated the machine from September 24, 2020 through September 25, 2020, while Claimant was away. Claimant tes�fied that when he returned to work on September 28, 2020, there was an issue with the machine.
Carrier witness Mr. Bard, a Traveling Mechanic, credibly tes�fied that the pump drive gears locked up from a lack of gear oil. Although Claimant maintains that he complied with the requirement to check the pump drive gear oil, he concedes that he failed to correctly enter the
1 Exhibit 1.
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informa�on in the logbook. The evidence supports the Carrier's posi�on that the pump drive gear oil was unchecked and that the gears locked up from a lack of gear oil. 2
Based on a review of the record, the Carrier established by substan�al evidence that the claim should be denied.
Claim denied.
This Board, a�er considera�on of the dispute iden�fied above, hereby orders that no
Award favorable to the Claimant be made.
Zachary Voegel, Organiza�onal Member Joe Heenan, Carrier Member
Melinda Gordon, Neutral Referee
DATED: June 20, 2023
2 See, Carrier Exhibits 5, 8,9,10,11.
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