C Docket No. CL-7$10
0 Award No. 5
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PRR)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that disci
pline of two weeks? suspension imposed upon G. L. Lightner,
Chauffeur, Altoona, Pennsylvania, Middle Division, be removed and that he be re
imbursed for all monetary loss sustained. (Docket
E-973)
FINDINGS: Claimant Lightner was regularly assigned as Chauffeur at East Altoona
Enginehouse. During his tour of duty he assisted in transferring barrels of diesel oil from a rail truck to the auto truck which he was driving. While
standing on the hydraulic end gate of his'truck beside two barrels of oil, he
operated the lever and instead of raising, the end gate dropped striking a corner
of the rail truck and tilting the end gate so that the barrels moved and pinned
Claimant against the truck body, as a result of which he sustained injury.
Two subsequent mechanical inspections, one in the presence of Claimant
and the other in the presence of his representative, failed to show any mechanical
defect or failure in proper operation of the end gate.
Claimant stated that when he worked the lever for the purpose of raising
the barrels of oil the end gate started up then made a sudden fall. Thereafter,
the other employes present stated that it did not start up but only fell. The
Claimant on further interrogation said, "I actually don't know how it happened,
it happened so quick." While the truck had been in a prior accident there was no
showing that the end gate mechanism was damaged.
After the trial. Claimant was found guilty on the charge of incorrect
operation of control lever. Trial appears to have been fair and responsibility
established by substantial evidence and the two weeka9 suspension was not arbitrary.
AWARD: Claim denied.
/s/ R. H. Skinner.-Jr.
R. H. Skinner, Jr., Carrier Member S. V. ZP. Loehr# Employe Member
/a/ Mortimer Stone
Mortimer Stone - Chairman