STATEMENT OF CLAIM
The Organization objects to BNSF’s decision to issue Claimant a Level S 30-Day Record Suspension with a one-year review period for his failure to protect the leading end of equipment while operating an on-track locomotive crane, which resulted in a collision with a hy-rail vehicle at MP 43.32 on the Bellwood Subdivision on June 10, 2019, in violation of MWOR 6.5— Protecting Leading End of On-Track Movements.
FINDINGS AND OPINION
The Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties’ PLB Agreement and that the Board has jurisdiction over the dispute.
In reaching its decision, the Board has considered all the testimony, documentary evidence and arguments of the parties, whether specifically addressed herein or not. A careful review of the record convinces the Board that there is not substantial evidence in the record to uphold the Carrier’s determination regarding Claimant J. Struble. Mitigating factors exist due to employee M. Guy violating Rule MWOR 6.51 by not re-briefing Claimant on the position of the hy-rail vehicle parked behind Claimant. Mr. Guy was found to be in violation of the rule in Award 92 of this Board. Because Mr. Guy's violation was a contributing factor and giving weight to Claimant's unblemished record, the penalty imposed on Claimant was excessive and shall be reduced to a 10-day Level S Record Suspension with a 12-month review period.
AWARD
Claim sustained, in part.
______________________________ Jeanne Charles
Chairman and Neutral Member
PLB No. 7602
Award No. 93
Carrier Member Labor Member
Dated: Dated: November 17, 2021
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