BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037
Case No. 30
PARTIES: CSX TRANSPORTATION, INC.
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Suspension of G. A. Black (ID# 175750) starting
April 6, 1992, and six month suspension from
- working on any "boomed" equipment, result of
investigation held on April 9, 1992.
Claimant G. A. Black was employed by the carrier as a Group
A machine operator.
On April 3, 1992, the Carrier notified the Claimant to
appear for a formal investigation in connection with the
following charges:
i,
-_ On Thursday, April 2, 1992, while'you were
operating burro crane BC21 at Okeechobee, Florida,
you allowed the machine's boom to strike live
overhead electric wires knocking them down and
causing personal injury to yourself.
You are hereby charged with CSX Safety Rule No. 366 .
parts A & H . . ' .
You are being held out of service effective
immediately pending the outcome of this
investigation.
The hearing took place on April 9, 1992. On April 28, 1992,
the Carrier notified the Claimant that he had been found guilty
of the charges against him and was being assessed discipline of a
thirty-day actual suspension starting April 6, 1992; and, in
conjunction with that suspension, Claimant would not be allowed
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to bid or work on any boomed equipment for six months from the
end of his suspension. The Claimant was also ordered to attend a
Safety Skill Seminar class on the Atlanta Division to improve his
knowledge on boomed equipment during his six-month suspension
from working the boomed equipment.
Thereafter, the Organization filed a claim on the 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 failing to
properly perform his duty when.operating the burro crane on the
date in question.
The record reveals that the Claimant admitted at the hearing
that he could have done a better job and that he was not able to
see while he was operating the burro crane. Although he tries to
attach some blame to other people and the type of equipment that
he was operating, as well as the conditions that he was operating
under, it becomes clear, as one reviews the transcript, that the
Claimant was the person who was responsible for the accident that
resulted in an injury to himself, damage to property,' and
possible injury to a fellow employee.
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.
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5GA X03-7:_Case ,3a
in the case at hand, the Claimant received a thirty-day
suspension and a six=month suspension from the use of any boomed
equipment. He was also ordered to attend a Safety Skill Seminar -
to improve his knowledge on boomed equipment.
Given the nature of the wrongdoing in this case, this Board
cannot find that the action taken by the Carrier was without just
cause. Hopefully, as a result of the actual suspension and the
disqualification from boomed equipment, the Claimant will learn
that he must properly perform when.operating that equipment and
he will never move it unless he can actually see where he is
going and what trouble might lurk ahead.
AFIARD
:
Claim denied.
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PET AR R. EYERS
Neut al M tuber
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'Carrier Member ~Organi` tion Member
Date::
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