Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7254
SECOND DIVISION Docket No. 7072
2-BNI-EW-177
The Second Division consisted of the regular members and in
addition Referee Joseph A» Sickles when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current working agreement, Mr. J. W.
Cherry, Electrician, Burlington Northern Inc., was unjustly
suspended from the service of the Carrier from September 6
through 10, 1974.
2. That, accordingly, the Carrier be ordered to compensate Mr. Cherry
for all time lost and the record of the suspension be removed
from his personal record.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved ,June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On August 1, 1974, Claimant was instructed to attend an investigation
regarding an asserted failure to power check certain units.
Subsequent to investigation, Claimant was suspended from service for
five (5) days.
On August 1, 1974, Claimant connected the jumper cable between Engine
BN 6469 (lead unit) and UP 2900 (trailing unit). Carrier states that it
is the Electrician's responsibility to power check before the train departs
to assure that all diesel units in the consist are developing power. The
train in question was delayed after it departed Cicero because the trailing
unit was not developing power, and there was an additional delay.
Form 1 Award No. 7254
Page 2 Docket No. 7072
2-BNI-EW-'77
We have considered the various assertions made by Claimant. For
instance, he notes that the work sheets and maintenance sheets no longer
make mention of power checks, and he asserts that Supervisory Personnel have
"called him down" for performing certain "gratuitous" tasks.
Although Claimant states that he was not instructed to perform a power
check on the specific date in question, we feel that his testimony, as
recorded at Pages
28
and
29
of the transcript of investigation, are clearly
dispositive of the issues:
"145. Q. Mr. Cherry, I will read out of the Burlington
Northern Safety Rules, Rule No. 667:
'Employees must comply with instructions from
the proper authority.'
Do you understand the provisions of this rule?
A. Yes, sir.
146. Q. Have you been instructed to properly connect
jumper cables between units?
A. Yes, sir.
147. Q. Have you been instructed by supervision at Clyde
to power check units before they depart on a
train.
A. Yes, sir.
148. Q. Did you properly connect the jumper cable on
these two units?
A. Electric cables and receptacles, yes, six.
149. Q. Did you inspect the receptacles to see that all
the pins were in good condition?
A. No, six.
150. Q. When you didn't power check these units, how did
you know that they would develop power?
A. I didn't.
151. Q. Did you follow instructions when you didn't power
check the units?
Form l Award No.
7254
Page
3
Docket No.
7072
2-BNI-EW-'77
"A. Well, I was looking for a hostler or hostler
helper to ;power check and I couldn't find one
at that time and they took it before it was
power checIred.
152. Q.
Did you contact your supervisor and tell him
that the units had not been power checked for
No. 1?
A. No. I didn't.
153. Q.
Wouldn't this be part of your duty if you are
not going-to power check the unit to tell the
supervisor?
A. Yes, sir.
154. Q.
When you couldn't find a hostler or hostler
helper to make this power check, why didn't
you tell a supervisor?
A. I just didn't.
155. Q.
Did you forget to tell him?
A. Yes, sir.
156. Q.
Wouldn't it be part of your instructions as an
electrician there at Clyde to see that the
Foreman is notified so that somebody else
would power check the unit?
A. Yes, sir.
157. Q.
Do you understand that if the units aren't power
checked they are likely to go out and cause
trouble on, the road pulling a train?
A. Yes, sir."
Based upon the testimony cited above, and the record as a whole, we
will deny the claim.
A W A R D
Claim denied.
Form 1
Page 4
Award No. 7254
Docket No. 7072
2-BNI-Ew-·77
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
k,
BY
Ioosemarie Brasch - Administrative Assistant
Date
at Chicago, Illinois, this 29th day of March, 1977.