BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY
Case No. 175
Award No.
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
1. The five-day suspension and disqualification as
a machine operator of Common Machine Operator A. B.
Canaday was without just and sufficient cause,
excessive, unduly harsh, capricious and
discriminatory (Organization File 6LF-2324D;
Carrier File 81-90-10).
2. Claimant A. B. Canaday shall now be allowed the
remedy prescribed in Rule 19(d).
FINDINGS:
The claimant was employed as a machine operator and was
operating a boom truck. He parked the truck between two motel
sections where low wires were hanging. Because of the Claimant's
negligent action, a cable television wire and a 240 volt
electrical wire were dislodged. As a result of the Claimant's
alleged wrongdoing, he was brought to hearing on a charge of
improper work performance. After the hearing, he received a
five-day suspension and was disqualified as a machine and vehicle
operator.
The parties being unable to resolve the issues, this matter
came before this Board.
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 violated safety rules by
pwd 164- - SSA 9.9
not properly looking out for wires that might be in the way of
his boom truck. His failure to properly perform his job led to
the damage that occurred. The Carrier was well within its rights
to issue discipline to him.
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 its action to have been unreasonable, arbitrary, or
capricious.
In the case at hand, the Claimant received a five-day
suspension and a disqualification from his job. Given the nature
of the offense, this Board cannot find that the action taken by
the Carrier was unreasonable, arbitrary, or capricious.
Therefore, the claim will be denied.
AWARD:
Claim denied.
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PETER R.. MEYERS
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