SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 265
Case No. 247-7015
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former MO PAC)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Machine Operator K. L. Bryant's personal record was
assessed with a sixty-day actual suspension, and in addition
thereto Mr. Bryant was disqualified from classification
of Machine Operator.
(2) Claimant Bryant should now, therefore, be allowed
compensation for time lost from April 8, 1985 until
June 7, 1985, and he should be reinstated with all past
privileges, vacation and seniority rights unimpaired and
his Machine Operator rights restored.
Findings: The Board, after hearing upon the whole record and all
evidence, finds that the parties herein are Carrier and Employee
within the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated January 5, 1959, that it
has jurisdiction of the parties and the subject matter, and that the
parties were given due notice of the hearing held.
Claimant, on February 26, 1985, was employed as a Machine
Operator at Carrier's "Panel" Yard, in North Little Rock, Arkansas,
operating a MK-2 Multi-Crane. As a -result of an incident occurring he
was notified to attend a formal investigation:
" ..place your responsibility, if any, with report about
10:15 p.m. on February 26, 1985, while you were working as
Operator on the MKT multi-crane at Panel yard, North Little
Rock, handling a switch panel resulted in the MK2 to turn
over on its side, resulting in excessive damage to MK2 and
also personal injury to yourself. Also, your personal
-2- Award No. 265
injury record will be reviewed at this investigation..."
As a result of the investigation held March 21, 1985, Claimant
was advised that your record "as this date has been assessed with
sixty (60) actual days suspension plus disqualification as Machine
Operator on any and all cranes as a result of your responsibility..."
The Carrier's investigation of the incident reflected that the
outriggers on the MK-2 crane had not been extended on the far side of
the machine permitting the crane to tip over which resulted in some
$60,000 damage to the crane. Claimant's personal injury was not too
severe.
The Union blames the lack of lights in the area of work, on the
boom or outside the cab, to shed light on the work being performed as
being contributory factors to the incident occurring. They also
raised the procedural question that the Carrier did not furnish the
duly accredited representative with a copy of the transcript or notice
of the discipline and that they had to request same after 35 days.
The Board finds no alleged error so egregious as to be cause for
reversal of the discipline. Rule 12 does not provide a time within
which to furnish a copy of the transcript. Thus, while the copy of
the transcript was not furnished until requested such. did not violate
Rule 12. However, the Carrier is cautioned that a copy of the
transcript is a most helpful ingredient for formulation of an appeal.
Hence, more caution as to such use must be taken in its distribution
to the employee and the duly accredited representative or otherwise,
abuses will result in stronger findings of enforcement.
Award No. 265
There was sufficient evidence adduced to support Carrier's
conclusion that by not placing down the outriggers on the side
opposite the side where the load was being placed over extended the
boom for two panels. The absence of light could not cure that error.
Also, the record reflects that Claimant was not told where to place
them, that matter was optional because he had been only told that like
panels should be kept together. The Board also concludes that
Claimant Machine Operator rights should now be restored.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective within
thirty (30) days of date of issuance shown be w.
S: A. Hartmons, Jr. Emp o Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued 0 ctober 20, 1987.
Ca~`rr'ier Member