. r.
NATIONAL ~I4E^! ;TIO;;
BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
BOADL
Case No. 11
DEC 3 3 3s PH '90
HA f i"" : . _'c: lLi:0;:f.
PARTIES: Brotherhood of Maintenance of Way Employes
ADJUSTii-HlaT BOARD
TO
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Ninety (90) day suspension assessed to K. L. Hall, ID#
171839, as a result of investigation held July 20, 1990
at Tampa, Florida."
FINDINGS:
As a result of a personal injury sustained on May 23, 1990, it
was noted that the personal service record of Claimant K. L. Hall
reflected a history of personal injuries. A letter was sent to the
Claimant directing him to attend a formal investigation to determine
the following:
...to develop the facts and place. your responsibility, if any.
You are being charged with being careless and accident prone.
A
formal hearing was held on July 20, 1990, 'and as:a result.,
Claimant'K. L. Hall was suspended for ninety (90) days. The
Organization thereafter filed
a
claim.on Claimant's behalf, -
challenging his suspension: -
This Board has. reviewed the evidence and .testimony.in this-case
and we find that there is sufficient evidence in the .record to support'
the finding that the Claimant was guilty of being careless and
accident prone over the course of his employment with the.Carrier.
The records supplied by the Carrier indicate that the Claimant had an
injury rate far in excess of any of the other employees in a sample
group taken from those who had approximately the same amount of
seniority as the Claimant.In the period 1982 through 1990, the
a.5e II
Claimant had a 20% injury rate whereas most of the employees had
injury rates between 2% and 80. There was sufficient evidence in the
record to support the finding that the Claimant was guilty of being
careless and accident prone while on the job.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. This Board will not set
aside a Carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary, or capricious.
In the case at hand, the Claimant compiled an unacceptable safety
record and despite all of the injuries and time lost on the job, he
did not improve his record. Therefore, this Carrier had a sufficient
basis to issue the Claimant a 90 day suspension.
Award:
Claim denied.
Neutr 1 l ember
Ca rrt-sr Member Organizatio ember.