BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

and

NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD

CORPORATION

(Metra)

NMB Case No. 14


This case involves Mr. Mark A. Vazquez who is employed by Metra as an Assistant B&B Foreman.

Mr. Vazquez was sent a certified letter dated October 3, 2001, instructing him to attend a formal investigation on Tuesday, October 9, 2001, at 9:00 a.m. for the purpose of developing facts, determine the cause and assess responsibility, if any, in connection with his alleged failure to report an incidental injury on Saturday, September 29, 2001.

Mr. Vazquez was charged with alleged violation of Metra Employee Conduct Rule F.

The letter of October 3, 2001, to Mr. Vazquez is attached to this Award.

The investigation was postponed until October 22, 2001, and commenced on that date.

At the investigation on October 22, 2001, the Organization Representative Mr. Tim Petty requested that the investigation be recessed

until a later date. The request was granted and the investigation was suspended until November 6, 2001, and continued to a conclusion on that date.

Following the investigation, Mr. Vazquez received a certified letter dated November 14, 2001, from Mr. John A. Pebler, Director Milwaukee District Engineering, advising him that as a result of the investigation held on October 22, 2001, and continued on November 6, 2001, he was dismissed from service.



The transcript of the investigation held on October 22, 2001, and continued on November 6, 2001, to a conclusion provides the basis for this Board's adjudication of this dispute.

This dispute is before this Special Board of Adjustment established by agreement between the Brotherhood of Maintenance of Way Employes and the Northeast Illinois Regional Commuter Railroad Corporation (Metra) dated November 12, 1999. SBA No. 1122.


FINDINGS:

This case involves Mr. Mark A. Vezquez who is employed by Metra as an Assistant B&B Foreman.




Mr. Vazquez was charged with failing to report an injury which allegedly occurred on Saturday, September 29, 2001, while he was working with his Foreman Mr. John Kostuch and a crew of other employees at a work site near the Elgin Station.

The work being performed consisted of lifting timbers and shoveling ballast.

Mr. Vazquez testified that towards the end of the day on Saturday, September 29, 2001, on the way back from the work site he was experiencing lower back pain.

Mr. Vazquez testified that he did not report his alleged injury to his Foreman or any other of his supervisors on Saturday or Sunday.

Mr. Vazquez called in on Monday morning, October 1, 2001, and requested the day off so he could take his wife to the doctor.

Mr. Vazquez did not report the alleged injury until Monday afternoon, October 1, 2001, when he contacted Mr. Eugene Howell, Assistant Supervisor, and reported the alleged injury.

This dispute centers on the failure of Mr. Vazquez to report an alleged injury on September 29, 2001, the date it allegedly occurred. Mr. Vazquez could have contacted Foreman Kostuch who he was working with on that


3
I'~ date. Mr. Vazquez could have contacted other Carrier officials on Saturday night or Sunday, but he did not.
 Mr. Vazquez's failing to do so clearly violated Rule F as charged by the Carrier.
 Having determined that the Claimant was responsible in this matter, the Board now turns to the measure of discipline. Based on the Claimant's previous record, it was consistent with the Carrier's discipline policy to dismiss him for this infraction. Accordingly, the discipline will remain on the Claimant's record. The Board believes, however, that the Claimant should be afforded one final opportunity to demonstrate that he understands his obligation to comply with the Carrier's rules. Therefore, the Board directs that the Claimant be returned to service in his previous position, with his seniority and all other rights unimpaired, but without any compensation for the time lost as a result of his dismissal.

 AWARD:

      Claim partially sustained in accordance with the above findings.


Charles J. Chamberlain
 Neutral Member
 Date ?.00 Z

                        a

                                                  SBA 11 " PLO d


P4a 5
 NORTHEAST ILLINOIS RAILROAD CORPORATION

Milwaukee District Engineering

2931 West Chicago Avenue

Chicago, Illinois 60622


NOTICE OF INVESTIGATION October 3, 2001

 U. S. MAIL & CERTIFIED MAIL
 Mr. M. Vazquez, Asst. B&B Foreman, #5370

You are hereby instructed to attend a formal investigation which will be held in the office of the Director of Engineering, Milwaukee District, 2931 W. Chicago Ave, Chicago, Illinois 60622, Tuesday, October 9, 2001 at 9:00 A.M.


The purpose for this investigation is to develop the facts, determine the cause and assess responsibility, if any, in connection with your alleged failure to report an incidental injury on Saturday, September 29, 2001.


In connection, therewith, you are charged with the alleged violation of the following Metra Employee Conduct Rule:


              Rule F- Employees must report immediately to the proper officer by quickest available means of communication, the details of accidents ....Required reports on proper form must follow promptly.


Your personal work record will be reviewed at this investigation. (Copy attached)

You may be represented at this investigation as provided for in your labor agreement. Your representative will be given the opportunity to present evidence and testimony in your behalf and to cross-examine any witnesses testifying against you.


G/C BMWE-Granier
 L/C BMWE-Petty
 V. L. Stoner
 W. K. Tupper John A. Pebler, Director
 R. C. Schuster Milwaukee District Engineering
 G. Washington
 H. Thomas
 J. Barton
 C. Cary
 L. C. Powell ---Please arrange to appear as a company witness
 E. Howell--- Please arrange to appear as a company witness
 J. Kostuch---Please arrange to appear as a company witness
                                                        S8A 11

                                                              a1


                                                        A Lod 14


        NORTHEAST ILLINOIS RAILROAD CORPORATION


        Milwaukee District Engineering

        2931 West Chicago Avenue

        Chicago, Illinois, 60622

        Results of Investigation

        Certified Mail

        Mr. M. Vazquez, Asst.B&B Foreman, #5370 November 14, 2001


        A review of the transcripts of the investigation, held on October 22, 2001 and continued on November 6, 2001, has resulted in the following discipline being issued: Dismissal.


        The assessment of the above discipline will be placed on your record as outlined in the progressive discipline policy. You must return all company property (i.e. keys, ID, etc.).


        Yo Ws truly.


        ohn A. Pebler. Director Milwaukee District Engineering (312)322-4103


        JAP/tmc


        cc: G/C-BMWE-Granier

        I_/C-BM WE-Petty

        V. 1-. Stoner

        W. h. Tupper

        R. C . Schuster

        G. Washington

        1-1. Thomas

        J. Barton

        C. Cary

-LA303 FEL--

 5 WV 07 ~: 51
 NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION

    NOTICE OF DISCIPLINE

    Awd ly

    ~49c ~

    M. Vazquez, #5370 Franklin Park John A. Pebler

    Employee Name Work Location Supervisor assessing discipline


DATE: November 14. 2001

 X FORMAL INVESTIGATION X WAIVER OF INVESTIGATION
 HELD ON OCTOBER 22, 2001 AND
 CONTINUED ON NOVEMBER 6, 2001
Has indicated your responsibility in connection with the violation of Metra Employee Conduct Rules: Rule F, when you failed to report an incidental injury report on Saturday, September 29, 2001. Therefore, you are hereby assessed the following discipline which will also be entered on your personal record:

              Forma/ Waiver

I . Formal Letter of Reprimand I . Formal Letter of Reprimand
    (effective for two years) (effective for one year)

2. Three (3) work days deferred suspension 2. One (1) work day deferred suspension
 3. Five (5) work days suspension plus the 3. Three (3) work days suspension plus the
    deferred days from step two (2) deferred days from step two (2)

    Your record indicates a deferred suspension of- day(s) was assessed on and

    must be screed in conjunction with discipline outlined above.

    As a result, suspension will begin and end . You must return to work on-

          Failure to return on that date ~% ill be treated as an unauthorized absence.

4. ren (10) work days suspension 4. Seven (7) work days suspension
    As a result. suspension will begin and end . You must return to work on_

              Failure to return on that date ell be treated as an unauthorized absence.

X 5. Dismissal 5. Dismissal
    Your cntployment ~N ith this Corporation is terminated effective November 1.1. 2001 You must

    return all company property.


Employee Union Witness upervisor assessing discipline
 cc: Metra Personnel