BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
PARTIES: Brotherhood of Maintenance of Way Employees
TO
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM:
Letter of reprimand assessed to J. A. Brown, ID#
171209 as a -result of investigation held November
30, 1990, at Savannah, Georgia.
FINDINGS:
Claimant J. A. Brown was employed by the Carrier as a
trackman.
On November 15, 1990, the Carrier notified the Claimant to
appear for a formal investigation in connection with the
following charge:
November 5, 1990, you suffered an on duty injury
which resulted in lost work days. You are hereby
charged with possible violation of Rules_1, 11, and
18 of the CSX Transportation Safety Rules.
The hearing took place on November 30, 1990. On December 14,
1990, the Carrier notified the Claimant that he had been found
guilty of the charge brought against him and was being assessed a
reprimand. The Claimant was instructed to carefully study all
carrier rules for the safe operation of the railroad and the
personal safety of each employee. Thereafter, the Organization
filed a claim on Claimant's behalf, challenging his reprimand.
This Board has reviewed the evidence and testimony in this
. 513
A
_ . 10,97
case
a3
case, and we find that there is sufficient evidence in the record
to support the guilty finding. The record reveals that the
Claimant incurred an injury and, by his own testimony, he was
negligent in getting his foot caught up under the machine. Given
that admission, the Carrier was within its rights to issue
discipline to the Claimant for violating the rules requiring that
he watch where he steps and that he exercises care
to
avoid
injury
to
himself.
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 acarrier's imposition of discipline unless we
find its action to have been Unreasonable, arbitrary, or
capricious.
In this case, the Claimant was issued a reprimand for his
wrongdoing. This Board cannot find that the Carrier exceeded its
authority when it took that action. Therefore, the claim must be
denied.
AWARD:
Claim denied.
PETER R. EY RS
Neutral ember
Carrier Mem er rganization ether
Dated:
(yes //