SPECIAL BOARD OF ADJUSTMENT NO. 1122
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYEES )
and ) AWARD NO. 57
CASE NO. 57
NORTHEAST ILLINOIS REGIONAL )
COMMUTER RAILROAD - METRA )
STATEMENT OF CLAIM:
Claim on behalf of D. Westbrooks, B&B Mechanic, for expungement of discipline
assessed, payment for all time lost, and reimbursement for benefits lost during time
withheld from service.
FINDINGS:
Special Board of Adjustment No. 1122, upon the whole record and all the
evidence, finds that the parties herein are Carrier and Employes within the meaning
of the Railway Labor Act; as amended; that the Board has jurisdiction over the
dispute herein.
The facts of this case are not in dispute. On August 13, 2008, the Claimant
hurt his shoulder when he lifted a water cooler about three and one-half feet and
loaded it onto the flatbed of a gang truck. The water cooler weighed approximately
60 pounds. The Grievant admittedly did not use the lift gate on the truck to load the
cooler nor did he request assistance from fellow employees.
The Claimant lost no work time as a result of the incident and has made no
claim against the Carrier for a work-related injury.
On August 14, 2008, the Claimant was directed to attend a hearing in
connection with the following charges:
...your alleged failure to protect yourself from injury when you allegedly
failed to use the lift gate on truck #91237 or ask for assistance from coworkers while attempting to load a water cooler onto the bed of unit #91237.
In connection therewith, you are hereby charged with alleged violation of
Metra Employee conduct Rule "N" Paragraph #3, Item #1, Metra Safety
Rule 100.1, Paragraph #2, Item #1 and Metra Safety Rule #100.12, Item #5...
The hearing was held on September 16, 2008, after which time the Carrier
determined that the Claimant was guilty of the charges. Claimant was issued a tenday actual suspension. The propriety of the discipline now comes before the Board
for resolution.
SBA No. 1122 Award No. 57
Page 2 Case No. 57
The safety rules relied upon by the Carrier read as follows:
METRA RULES, EMPLOYEE CONDUCT RULE N
Employees must not be:
1) Careless of themselves and others.
METRA SAFETY RULE 100.1- SAFETY RESPONSIBILITIES OF
EMPLOYEES
...These safety rules are basic guidelines to protect your health and safety.
These rules cannot cover every possible work situation. You are the only
person who can guarantee that you will perform your work safely. While on
duty:
o Protect yourself.
METRA SAFETY RULE 100.12 - LIFTING AND CARRYING
5. When possible, use mechanical equipment for heavy lifting. If mechanical
equipment is not available, have other employees help lift.
We have carefully reviewed the record in its entirety. The evidence shows
that workers on this gang routinely pick up and haul objects onto the truck that
weigh approximately 60 pounds or more. Among the items are tools, bags of salt,
bags of cement, and water chests. Claimant's supervisor, B&B Foreman Rodney
Carter, conceded that the employees had not previously been instructed to seek
assistance from co-workers or to use the lift gate on the truck to carry out these
duties. He even acknowledged that the lift gate was not used when two dozen salt
bags at a time were loaded onto the truck. As Foreman Carter stated: "...I mean,
we lift things all the time ...I thought it was safe ....we have done it in the past."
Similarly, B&B Supervisor Jerry Bailey testified that he has carried water coolers
on occasion. Neither supervisor informed employees at safety briefings that lifting
techniques had to be changed so as to be in compliance with Carrier safety rules.
Given this state of the record, the Board finds that just cause does not exist
for discipline. There is no doubt that the Carrier has the right and the obligation to
maintain a safe working environment. Safety rules are designed for the protection of
employees and the public and are entitled to enforcement. However, when Carrier
chooses to apply a rule in a manner different than before, and to the point of
meeting a violation with discipline, employees must be forewarned. In the instant
case, it is clear that employees had not been notified of the necessity of using the lift
SBA No. 1122 Award No. 57
Page 3 Case No. 57
gate or seeking assistance when hauling objects, nor were they informed that failure
to do so would result in discipline. Just cause dictates that changes in the application
of the safety rules be accompanied by notice to employees and an educational
process before imposing discipline. Those requirements are lacking on this record.
Claimant was performing his duties, just as he did on a daily basis, and in a
manner known to supervision. The fact that a minor injury occurred during the
Carrier-accepted method of loading the water cooler does not establish that
discipline was warranted. Accordingly, the claim must he sustained in its entirety.
AWARD
Claim sustained.
~,S 'LL,
Dated this 12th day of December, 2008.