SPEGLL BO~RD OF ..DJUSTM;NT N0. 541


              BROTH~MHOOD OF 2·V.INTENLXE OF WLY D~'LOYBS


                          Jim


                  ERIE Lt,OH!X1J%TNA RLILWi.Y COMPANY


STATEMENT OF CLAIM:

        1. The Carrier improperly disciplined Carpenter Patrick DoL.inica, account of a personal injury sustained by him: on September 9, 1963 in the Carpenter dhop at Jersey City.


        2. The Carrier failed to prove its charge that Claimant Dominica acted in violation of Carrier's General Notice, pace 1 of the Safety Rules at the tire, place and date here involved.


        3. The Carrier shall now reiL.burse Glairant Carpenter Patrick Dordnica for his loss of ten days of work which resulted from this improper suspension, during the period March 16-20 and March 23-27, 196¢, and that his record be cleared of this charge.


FINDIF.GS: On Septa:..ber 9, 1963, Claimant, a carpenter, injured his right index
 finger while operating an electric circular table saw cutting new fir
 planks into six feet lengths. Clair_cnt had cut five planks involving
 sore eighteen cuts without incident but then hit a plank he was trying to position
 against the back guide with his right hand which slipped off, his right index
 finger striking the revolving blade and being amputated at the first joint.

 lifter a hearing had been held on duo notice, Carrier found that Clcinant's injury was the result of his own negligence and on that ground, suspended him for a ten day period.

 It nay be that Claimant was negligent and should be subjected to discipline but the record, consisting sL_ost entirely of Clainznt's testimony, does not adequately establish the necessary facts to support those conclusions. The riere fact that Claimant injured himself in the course of his work does not prove that he was sufficiently at fault to L:erit a suspension, even if due emphasis is given to the absence of any prior accident on the machine in its over 16 years of operation. There is no evidence that Claimant violated specific safety procedures or instructions that ho had been given in regard to the operation of the circular saw, and no supervisory employe or other witness presented additional facts to show precisely how Claimant's performance failed to reach the level of the average reasonable working ran in his position. Carrier r=ust support costly discipline to an employe upon clear persuasive proof and not upon sere suspicion, assumption and arLlment.

 In its argiuient before this Board, Carrier contended that the claim must be denied in any event because of a general release executed by Claimant after this claim.: was filed. We are not impressed with that point for the purpose
                                          5.~ ~a Syl -.~w p


of that rol~asc was to discharge claims for puns-nal injurios and it is not an effoctive bar to an ci:ploye grlevanco, in which the organization also has an intorest, as to iLproper discipline.

        For want of cloar proof, tho claw. will be sustainod.


Clan. sustained.

 Dated at Now York, N, Y,, this 29th day of Octobor 1968.

            /s/Harold M. Weston

              .GM M. WESTON, Neutral,


/s/ J, Cunningham /s/R, , Carroll,
    ORG&MaTION rsWER CLRRIER 2·0IBER


'.ward No. 27 Iter. No. 156