Award No. 227
Case No. 230
System Docket No. CR-3653-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of 33 day suspension (time held from
service) assessed E. A. Sellars, in connection
with being charged with being accident prone.
Upon the whole record and all the evidence, after hearing,
the Board finds that the parties herein are carrier and
employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement
under Public Law 89-456 and has jurisdiction of the parties
and subject matter.
AWARD: Claim disposed of as follows:
The statistical evidence shows claimant has a propensity
towards injury, however, there is no showing of any prior
discipline involving safety rule infractions or that he had
been sufficiently counselled regarding his unsafe work
habits. Accordingly, in light of his 13 years of discipline
free service, we deem a reprimand to be appropriate
discipline for this first offense.
C. A. Peacoc~ Neutral Member
F..~ Domzals ' Carrier Member Jed dd, Organization Member
Iskued this day of r-Cti (~Jp~ ~ , 1 9.