BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 924
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO
DISPUTE: CHICAGO & NORTH WESTERN TRANSPORTATION C0.
STATEMENT OF C,,AI79
: "t-.laim
of the System Committee of the Brotherhood
that:
1. The disqualification as Common Machine Operator assessed F.
J. Perkovich was unjust and excessive and on the basis of
unsupported charges. (organization File 4SW-1243 D; Carrier
File 81-88-34).
v.
Claimant Perkovich shall be allowed the remedy as prescribed
in Rule 19(d):
"If the charge against the employe is not
sustained it shall be stricken from the record.
If the employe has been removed from position
held, reinstatement will be made with all rights
unimpaired and payment allowed for the assigned
working hours actually lost while out of service of
the Company, at not less than the rate of pay of
position formerly held, less earnings in outside
employment, for the difference in rate of pay
earned, if in the service. An employe who has
earnings from outside employment must deduct from
those earnings actual necessary expenses in
securing and performing work."
FINDINGS:
Claimant F. J. Perkovich was employed by Carrier as a Jimbo
Operator. On November 16, 1987, Claimant was loading scrap ties when
the boom of the Jimbo Machine he was operating struck a signal wire.
Subsequently, Claimant was charged with:
"Your failure to properly perform your duties when Jimbo
Machine struck overhead power lines at MP74.0."
An investigation was held on December 18, 1987, and as a result
Claimant was disqualified as a Common Machine operator. The
organization thereafter filed a claim on Claimant's behalf,
challenging his disqualification.
This Board has reviewed the evidence and testimony in this case
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of failing to properly
perform his duties on November 16, 1987. This Board has found on
occasions in the past that making contact with overhead wires while
operating a crane is a very serious matter and deserving of
discipline.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. This Board will not set
aside a Carrier's imposition of discipline unless we find it to have
been unreasonable, arbitrary or capricious.
The Carrier in this case has chosen to disqualify the Claimant
from his position as Common Machine Operator for his wrongdoing in
this case. This Board cannot find that the Carrier acted unreasonably
when it imposed that discipline. Therefore, the claim must be denied.
AWARD
Claim denied.
rrier Memb$ ' Orgakization tie er
Date:
URV2F1983
2