BEFORE SPECIAL BOARD OF ADJUSTMENT N0.
1037r1., -
PARTIES: Brotherhood of Maintenance of Way Employes
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DISPUTE: CSX Transportation, Inc. _ .
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
Seven day suspension assessed J. L. Maxwell, ID# 164429
as a result of investigation held May 11, 1990, at
Tampa, Florida."
FINDINGS:
As a result of personal injury sustained by Claimant on April 18,
1990, he was charged with the following:
Violation of Rule #1 which reads in part: 'Safety is of the first
importance in the discharge of duty. Employes must exercise care
to avoid injury .to themselves or others. . .'
Violation of a portion of Rule #11 which reads: 'Employes must
watch where they step at all times.'
A formal hearing was held on May 11, 1990, and as a result,
Claimant was assessed discipline of seven calendar day suspension.
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 must find that although there is clear evidence that the
Claimant sustained a personal injury, there is not sufficient evidence
in the record to support the finding that the Claimant was guilty of
failing to exercise care to avoid the injury to himself. The mere
fact that an injury occurs does not automatically enable the Carrier
to issue discipline to a claimant. There must be proof in the record
that the Claimant did not act properly and ignored safety rules and
principles in the performance of his duties. That type of proof is
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CctSe
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not here.
Given the fact that the Carrier bears the burden of proof in
cases of this kind, this Board must find that the claim is sustained.
The seven day suspension assessed the Claimant will be removed from
his record and he shall be made whole.
Award:
Claim sustained. The seven day suspension shall be removed from
Claimant's record and he shall be made whole for any lost pay.
Ne tral mber
Carrier Member Organization,-~mber
Date:
20,
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