SPECIAL BOARD OF ADJUSTMENT NO. 97.0
Case No. 665
Award No. 565
Parties to Dispute
UNITED TRANSPORTATION UNION (T)
and
CONSOLIDATED RAIL CORPORATION
Statement of Claim (Docket No. CRT-9773-DJ
TRAINMAN P.M. WATSON - Appeals the decision of the
carrier to dismiss
him for
violating Rule 1300 of the Safety
Rules and Procedures and for being accident prone.
Statement of Facts
Claimant Watson was injured at
work on
May 20, 1993.
The Carrier
charged
Claimant with having violated Rule 1300 by
failing to be alert for tripping and slipping hazards, and it
charged Claimant
with
being accident
prone.
Claimants prior discipline record was as follows:
Data Char a® Disci In ine
04/03/79 Responsibility in 10-day
connection with Suspension
personal injury of
bruised lower right
back
2. SBA 910
Case No. 665
Award No. 665
09/15/80 Responsibility
in 3-day
connection with Suspension
personal injury of
mashed right middle
finger
09/17/82 Responsibility in Reprimand
connection with
personal
injury o£
strained looter back,
adjusting drawbar
07/21/88 Responsibility in 15-day
connection with Suspension,
personal
injury of
reduced to
bruised right elbow, reprimand
lost grip striking
on appeal
elbow
Claim's record of reported personal injuries and
accidents and the like was as follawsa
04/03/79 Bruised lower right back
04/15/80 Mashed right middle finger
09/19/80 Headache, inhaled unknown fumes
03/04/82 Bruised right side, slipped on ice
09/17/82 Strained lower back, adjusting
drawbar
712/28/83 Alleged twisted back, alipped-fell
on ice
05/11184 Alleged inhalation of chemical
fumes
09/14/84 Headache, alleges
inhalation of
chemical fumes
09/25/84 Coughing, chest tightness,
alleges inhalation of foreign
odor
3. SEA 910
Case No. 665
Award
No.
665
02/19/85
Sprained right arm attempted to
operate spiked switch
08/02/85 Tightness in chest, alleges
smelling odor
12/07/85 Pain in back and right leg while
setting brake
07/27/88 Bruise right elbow, lost grip ,
striking elbow
05/20/93 Lumbar strain, lifting pin and
stepped on side of tie
Findings
The Board finds that the
Employee and
the Carrier in
this dispute are, respectively, Employee and Carrier within the
meaning of the Railway Labor Act, as amended, and that the Board
has jurisdiction over this dispute.
The Board also finds that Claimant was accorded a fair
and impartial hearing in this matter.
With regard to the charge that Claimant violated Rule
1300 of the Safety Rules and Procedures on May 20, 1993, the
Board finds that there was substantial evidence in the record to
support this charge. Claimant was not alert to the hazard in the
yard that day, and he must reasonably bear responsibility !or the
resulting injury. With regard to the charge that Claimant was
accident prone, however, it must be noted that Claimant had
apparently gone Vor almost five (5) years between bruising his
elbow in Judy, 1988 and suffering this lumbar strain in may,
1993. It must also be noted that Claimant had no suspension on
his record for the thirteen (13) years prior to this May, 1993
incident. Against this background the Board finds that even
though the Carrier had cause to discipline Claimant on this
occasion, the Carrier's decision to impose dismissal constituted
excessive discipline. The Board concludes that the Carrier had
cause to suspend Claimant for no more than thirty (30) days in
this case. The Carrier will be directed to amend its records,
and to make Claimant whole, accordingly. The Carrier
will
further be directed to comply with this award within thirty days
of the date below.
Findings.
SEA 910
Case No. 665
Award No. 665
The claim is sustained
t0
the extent set forth
id
the
Special Board
Of
Adjustment No. 910
Day d A. Peters
a
, Neutral
Me er
fe, CUrer M er
&nyder, 4 anazati0a member
issued this
/ day of
lze~
~~s~
, 1995
.