SBA-947 Award No. 22
suspended the Claimant for forty-five (45) days for violating
Rules 252 and 351B of the Rules for the Maintenance of Way and
Structures, which, in part, state as follows:
Rule 252, Paragraph 7
Track permit limits must be cleared and reported clear to
control operator before time expires. If track permit is to be
released before time expires, all equipment must be clear of
limits and fact reported to designated control operator. . .
Rule 351(B), Paragraph 2
The employe granted track and time limits must notify control
operator when machines, track cars or employes are clear of the
limits. . .
The evidence supports a finding that Mr. Cornejo released the
track to the dispatcher on April 28, 1986 before the motor car
was off the track. Although the Claimant indicated he released
the track early because he feared radio communication would not
be adequate at a later time, there is insufficient evidence to
support his concern. Because the track was not clear when it
was supposed to be, an accident a occurred. Fortunately, there
were no injuries. Mr. Cornejo violated Rule 252 and Rule
351(B).
Mr. Cornejo's record reveals he has been disciplined in the past
for various rule infractions. However, considering his thirty
(30) years of service to the Carrier, his record has been a
relatively good one. There is little to show he has been issued
progressive discipline. There are no demerits, no indication of
written warnings, and no previous suspensions. Beyond that, Mr.
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' SBA-947 Award No. 22
Cornejo was extremely honest and cooperative in assisting the
Carrier in its investigation. Although these facts do not
negate disciplinary action in this case, they do support a
modificaton of the penalty.
AWARD
The Claim is sustained in part. The penalty issued to the
Claimant was excessive under the circumstances. The forty-five
(45) day suspension is to be reduced to a Twenty-five (25) day
suspension. The Claimant is to be reimbursed for any loss of
wages in excess of a twenty-five (25) day suspension.
ORDER
The Carrier is to comply with this order within thirty (30) days
from the date it is submitted.
Carol J. Zamperini, Neutral
Submitted:
September 10, 1986
Denver, Colorado
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