BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1040
PARTIES: SOO LINE RAILROAD COMPANY
TO
DISPUTE: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM:
Appeal of Riley D. Duzan discipline.
FINDINGS:
On October 21, 1993, the Claimant was notified by the
carrier that subsequent to a formal investigation, he had been
found guilty of placing himself in an unsafe position which
resulted in a personal injury on May 13, 1993 when he was hit by
another employee, one Mr. Gonzales. The Claimant was assessed a
ten day deferred suspension from service with a one-year
probationary period.
On October 25, 1993, the Claimant advised the Carrier of his
intention to appeal the discipline under the provisions of the
Agreement of June 1, 1990.
This Board has reviewed the evidence and testimony in this
case and we find that the Carrier has not presented sufficient
evidence that the Claimant was guilty of engaging in an unsafe
work practice on May 13, 1993. Numerous Boards have held in many
cases in the past that simply because an accident occurs which
involved an employee it does not necessarily mean that the .
employee had been involved in a rule violation or engaged in.
unsafe work practices legitimating the imposition of discipline..
The Carrier in every case has the burden to present sufficient
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proof that an employee actually broke a rule or did something or
omitted fulfilling a work requirement which led to the accident
in order for the Carrier to have the right to impose discipline
against that employee for the fact that the accident occurred.
In this case, a thorough review of the transcript indicates
that there was simply insufficient evidence presented of any
wrongdoing on the part of the Claimant to support the imposition
of discipline. Therefore, the claim must be sustained and all
discipline must be removed from the Claimant's record.
AWARD
Claim sustained.:
PETER R. MEYERS
Neutr 1 ember
Dated: ~~-~ q,:J -
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