Award No. 52
Case No. 65
System Docket No. CR-1602-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed J. M. McCain on
June 12, 1985, in connection with being
charged with violation of Safety Rule 3302,
paragraphs A, B and E, when as the operator of
Junior Tamper ME 3012 on May 6, 1985, failed
to operate machine in proper manner resulting
in a collision between the Tamper and BU 2205,
Switch Undercutter, and $8,000 damage to
equipment and personal injury to a Trackman.
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:
We reject the organization's procedural objection and deem
the hearing held in absentia to be proper. While it appears
the claimant may not have operated the equipment in a proper
manner, the
record shows that Company witnesses testified
that their inspection showed the foot brake was not working
100%. Considering all of factors involved, we find the discipline to be excessive, therefore claimant will be reinstated without compensation for any monetary loss resulting from
the discipline.
C. A. PBac ck, Neutral Me er
. 3:: Domzalski Carrier Member
Issued this 7 h day of August, 1986.
Ad
DD d, Organization Member