BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 103
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PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Letter of Reprimand assessed James Ladson, ID# 171245
as a result of investigation held may 18, 1989, at
Chelsea, Alabama."
FINDINGS:
On April 21, 1989, Claimant was assigned to prepare camp
cars for movement with work train. CSXT 973405 caught fire and burned
at Mile Post ANJ 918.3. After inspection it was determined that a gas
cylinder valve was not closed. Claimant was charged with possible
violation of the part of CSX Transportation Safety Rule 444 which
reads as follows:
Liquified petroleum gas will not be used while car on trailer,
so equipped, is being moved. Valves at storage tank will be
closed while equipment is in transit or when equipment is left
unoccupied.
A formal hearing was held on May 18, 1989, and as a result,
Claimant was issued a letter of reprimand as discipline. The
organization thereafter filed a claim on Claimant's behalf,
challenging his discipline.
This Board has reviewed the evidence and testimony in this case
and we must find that there is not sufficient evidence in the record
to support the finding that the Claimant was guilty of any wrongdoing
in this case. Therefore, the claim must be sustained.
The record reveals that there were several people involved in the
assignment that the Claimant was supposed to perform. There is no
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question that one of those people was responsible fo~ not properly
performing his or her job. However, the record does not reveal
sufficient evidence that the Claimant was the one directly responsible
for the wrongdoing.
The Carrier has the burden of proof in these types of cases. It
has not met that burden here. Therefore, the claim will be sustained.
Award:
Claim sustained. The letter of reprimand shall be removed from
the record of the Claimant.
Neutral Memb r
organization Memb
090
Carrier Member
Date: ~-" ~~