_ y

CAsL No. s

..

' AWARD .;0. s

' SPECIAL BOARD OT' AT·JUSTMENT NO. 716 '

BROTFILRRHOOD OF RAILROAD TRAIh'KEN

vs

THE HOUSTON BELT 5 TERMINAL RAILWAY COMPANY '

i
STATEUENT Yardman M. E. Henley was ut,justly dismissed April 28, 1966,
Or,CLAIM_ and ehnc ha now be returned to service with pay for time lost.

FINDINGS: Claimant was dismissed from the service of this Carrier by

notice dated April 26, 1966, following a formal invcstibation

held April 15, 1966, and concluded on April 19, 1166, on a charge of

....failure to perform your duties in a safe ant: efficient manner as it appears that you are accident-prone and a safety hazard to yourself and your fellow cmploycs by sustaining an unusual aooune of personal injuries since February 5, 1951."

The Board hng given chouphtful consideration to the Employes' allegations of procedural errors in the conduct of the investigation which are said to have prejudiced the Claimant's right to a fair and impartial trial. It is, however, nor necessary to determine the validity of those ~.11cgacions at this time because this encirc: record is devoid of any evidence of probaziva value which would support n finding of guilty as charged.

The only evidence adduced by the Carrier ac the inv.astigation is chic Claimant during the period Fobruary 5, 1951, to and including pebl:uary 7, 1566, had incurred some 17 personal injuries mosc of them ntlnor 9.n cl:nzactar, arid nonif of them shown to have resulted to injury to other3 or damage to ;-copercy. Clearly this record of injuries to the Claimane alone spread over a period of r'ycars'service is insufficient to su?pore the specified ch,rge quoted above. Discipline of Dismissal from service basoLl upon a finding of guilt under the charge made against this Claimant must be set aside for lack of evideatiary'support.

:. ;~. 7A0

-- 3

CASE' NO. 3

' ' AWARD N0. 3

AWARD: Claim sustained.

SPECIAL BOARD Or ADJUSTMENT N0. 716

William H. Coburn.- Chairman

R. D. Jones - E ploya Member R. H. Anderson - Carrier Member

Dated at Houston, Tuxes. chle 8th day of Decemq:~r, 1966.