SPECIAL BOARD OF ADJUSTMENT N0. 986
Case No. 83
Docket No. NEC-BMWE-SD-2012D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
Claimant M. Dowery is employed as a truck driver by Carrier in
Baltimore, Maryland. On October 14, 1987, Claimant was notified to
attend a formal investigation of the charge:
Violation of Amtrak Rules of Conduct, Rule "B", which states in
part: "Safety is of first importance in the operation of railroad
and, therefore, is themost improtant aspect of an employee's
duties. Employees must understand and comply with safety
regulations and practices pertinent to their class or craft of
employment. In all circumstances, employees should take the safest
course of action. Hazardous conditions and conduct that may
jeopardize the safety of passengers, employees, the general public,
and/or Amtrak property must be immediately reported to the
appropriate supervisor and corrected as quickly as possible . . ."
Violation of Amtrak Safety Rule and Instructions, Rule 4256, Part
C, which states: "When lifting material or other object alone or
with others:
(c) Lift only within limits of physical capabilities."
Specification: Whereas on September 30,1 987 in the vicinity of
Wilmington Shops, you were manually loading 55 gallon drums into
Amtrak Vehicle #AG 64731 and allegedly suffered a personal injury
while lifting said drums.
The hearing took place on November 16, 1987, and as a result, Claimant
was assessed a three-day suspension. The Organization thereafter
filed a claim on Claimant's behalf, challenging the suspension.
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 was guilty of violating Amtrak Rule B.
The Claimant was manually loading 55-gallon drums into a vehicle in an
improper fashion and, as a result, suffered a personal injury.
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Once this Board has found 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 the action taken by
the Carrier to be unreasonable, arbitrary, or capricious. This
Claimant had previously received a letter of reprimand for violating
Rule B. Therefore, this Board cannot find it unreasonable for the
Carrier to issue a three-day suspension to the Claimant for the second
offense.
Award:
Claim denied.
Iqi` i
Neutral Membdr
CIL
Carr r ember ganization member
Date: C~/
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