SPECIAL
BOARD OF ADJUSTIMNT N0. 51,1
BROTHERHOOD OF MAINTENANCE OF WAY EL·FLOY'T~
And
ERIE
LACKAWANNA
RAILWAY COMPANY
1. The Carrier violated the effective Agreement by irmroperly administering discipline of a ten-day suspended sentence to Mr.
Theodore Gerrick on a charge of his failure to observe Safety
Rule 728 on January 30, 1964, which charges the Carrier failed
to sustain.
2. The personal record of Dockbuilder Theodore Gerrick be row
cleared of such charges as referred to in Part 1 of this claim.
FINDINGS:
The present claim challenges the propriety of a ten-day deferred suspension administered 0laimant for violating Safety Rule 728 which reads as
follows, in its entirety: "Remove boards with nails protruding and other
refuse raterial promptly."
We are disposed to give management latitude in enforcing safety discipline measures, particularly where they are administered for the caution
and benefit of all employes. This is not to say that discipline will be sustained routinely so long as it is based on safety violations. The facts of
each case will be scrutinized with care to rake certain that the employe is
not being unfairly treated.
In the present case there is no evidence in the record that Clrair-ant
violated Rule 728 and since Carrier relied solely on that rule in its letter
notifying Claimant of his suspension, we have no alternative but to sustain
this claim.
AWARD: Claim sustained.
Dated at New York City this 6th day of February, 1969.
/s/ Harold M. Weston
Harold M. Weston, Neutral
/s/ A . J. Cunningham
A. J. Cunningham, Organization Member
/s/ R. A. Carroll
R. A. Carroll, Carrier Member