Special Board of Adjustment No. 956
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
New Jersey Transit Rail Operations, Inc.
STATEMENT Request that reprimand for violation of Safety
OF
CLAIM: Rule 5 against B&B Mechanic A. Fernandez be
removed from his record.
FINDINGS: This is a companion case to Case No. 26 which has
just been considered by our Board and which
concerned claimant's refusal to report for light
duty several days after he had injured his left
hand while exiting the North Waiting Room at
Hoboken Terminal.
The present case concerns Carrier's finding that
claimant violated Safety Rule 5 when he left the
Waiting Room.
Rule 5 provides, in pertinent part, that "when
handling ...doors...or other hinged devices, use
handles or knobs provided ...."
On the day in question, claimant was required to go
to the Hoboken Terminal to pick up signs. When he
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arrived there, he found that the signs were at
another location. On his way out of the Terminal,
claimant approached the set of four doors in the
Terminal which alternate entrance and exit. As
claimant was exiting, he attempted to assist a man
trying to enter through an "in" door with a bundle
of papers. He consequently did not use the push
bar on the door but instead his hand went through a
glass partition.
Carrier's concern for safety and interest in
avoiding this type of accident is laudable. It
is certainly important that claimant and other
employees be warned not to push the glass pane in
a door when seeking to open it.
However, a clear warning is sufficient in these
circumstances and no persuasive reason is perceived
for placing a reprimand on claimant's record,
particularly since there is no evidence that
claimant had previously violated safety rules and
there is some indication that the door claimant
attempted to open lacked a push bar, handle or knob
and that its glass was cracked. The claim will be
sustained because of the specific circumstances of
the case but claimant is strongly warned to use
care and heed all safety rules while on duty.
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AWARD: Claim sustained subject to last sentence of
Findings.
Adopted at Newark, N.J
,/9
, 1987.
Har . Weston, hairman
Carrier Member Employee Member
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