Gasp 10. 130
SPECIAL BOARD OF ADJUSTMENT N0. 955
AWARD N0. 80
SEABOARD SYSTEM RAILROAD
vs.
UNITED
TRANSPORTATION UNION
STATEMENT OF CLAIM:
Claim is made in behalf of Hostler 0. E. Seuis for
clear record and pay
for all time lost (10 days)
for
alleged violation
for
Operating Rule 720 and
Safety Rule numbers
6 and 37. Formal
investigation was held October 31, 1983.
STATEMENT OF FACTS: On October 18 , 1983,
Mr. Seuis was working as
hostler at Winston Yard, Florida. At about 12:15AM,
Mr. Seuis
dismounted the
engineer's seat of a
locomotive and
tripped over wooden
blocks which had
been placed on
the floor
as a sort of
makeshift
platform to supplement the footrest.
Claimant fell
against the wall of the cab
and sustained a minor
personal injury.
Formal investigation was held on October 31, 1983,
and Hostler
Seuis was assessed a 10 day suspension for violation of the following
rules:
Operating Rule 720
Employees must keep the premises subject to their control neat
-3nd
clean.
S3A No. 955
Award No. 80
Page No.2
Safety Rule 37
Each employee is
required to keep the premises subject to his
control in a clean and orderly condition. Good housekeeping is
essential to safety.
Safety Rule 6
Safety rules cannot be all-inclusive. Conditions may arise which
are not covered by rule, and they demand sound judgment. Such
judgment must be to supplement, but not to deviate from, the
rules.
FINDINGS: We set aside the discipline assessed because the
record will
not support a finding of culpability of claimant under the cited rules.
The record reflects
that the makeshift
platform
had been used without
mishap for some time and the facts before us are insufficient to
support carrier's Judgment in the matter. Moreover, the transcript of
the investigation is incomplete in that the conducting officer failed
to have pictures of the platform arrangement attached to the deposition
as exhibits. Under these circumstances we do not deem the discipline
of Mr. Seuis to be appropriate.
AWARD: Claire sustained. Carrier shall make this award effective
within 30
days frog date hereof.
Neutral er
R. . KEY,
Carrier er . H , Organization Member