BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1037 :;.
Case No. 7
AUG 13 I 14
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PARTIES: Brotherhood of Maintenance of Way Employes
TO r~L:~.,; _
DISPUTE: CSX Transportation, Inc.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Letter of reprimand assessed M. Norman, ID #168325
as a result of investigation held February 12, 1990, at
Greenwood, South Carolina."
FINDINGS:
On February 8, 1990, B & B Helper T. Calhoun, Jr., injured
his finger while loading a push car onto the bridge gang truck at
Carlisle, South Carolina. As a result Claimant was charged with
possible violation of that part of CSX Transportation Safety Rule 922
which reads as follows:
When lifting: (e) ascertain in advance that the
location for placing the load is suitable and when
feasible, material handling devices must be used if
provided.
A formal investigation was held on February 22, 1990, and as a
result, Claimant was issued a letter of reprimand. 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 find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of the safety rule violation
with which he was charged. Therefore, the Carrier had a basis to
issue discipline to him.
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 o 3iscipline imposed. This jard will not set
aside a Carrier's imposition of discipline unless we find its action
to have been unreasonable, arbitrary, or capricious.
In this case, the Claimant was issued a letter of reprimand.
Given the nature of the wrongdoing and his previous record, this Board
cannot find that the letter reprimand was unreasonable and it actually
appears to have been lenient. Therefore, the claim shall be denied.
Award:
Claim denied.
PI
kMe2utral 4Membe
UCarrier Member
Date:-
U C/
Organization yaember