Form
1 NATIONAL RAILROAD ADJUSTMENT
BOARD Award No.
8075
SECOND DIVISION Docket No.
7978
2-BNI-FO-'79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award eras rendered.
( System Federation No.
7
Railway Employee'
Department A. F. of L. - C. 1. 0.
{ (Firemen and Oilers)
Parties to Dispute: {
( Burlington Northern Inc,
Dispute: Claim of kmployes:
7s-. Under the current controlling Agreement, Mr. Walter White,
hostler-la;Dorer, Vancouver, Washington, was unfairly dealt
with when suspended for a period of five (5) days of actual
service frcm the Burlington Northern., Inc. on April 28,
1977
to May 2,
1.977.
2. That, accordingly, the Burlington Northern, Inc. be ordered
to compensate Mr. Walter White for all ti?ae lost at the pro
rata rate and arty reference to this incident stricken from
his 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 employas 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.
Claimant received the following disciplinary notice and action from the
Carrier on April
27, 1977:
This is to advise you an entry is being placed on your
personal record and you are being suspended from the service
of Burlington Northern Inc. from April 28, to May 2,
1977,
inclusive, for violation of Rule 106 of the Air Brake and
Train Handling Rules and Rule 119 of Burlington Northern
Safety Rules for failing to make certain air brakes were cut
in and operative before moving the locomotive resulting in
unit 4256 under your charge striking another unit resulting
in injury to yourself and your helper during hostling operations
at Vancouver, Washington, at about 3:20 PM, April
8, 1977..."
Form 1 Award No.
8075
Page 2 Docket No.
7978
2-BNT-FO-'
79
The five-day suspension was levied following a full and fair investigative
hearing.
Claimant was directed to move a locomotive a short distance, as part
of his regularly assigned duties. Testimony showed that he admitted failing
to check for brake cylinder pressure prior to putting the locomotive in
movement and that he was aware that this -mas in violation of an essential
safety precaution.
There was some evidence that employes previously working on the
locomotive failed to re-engage the brake valve. Such omission, if it in
fact occurred, does not lessen t':ne Claima.nt's responsibility. The issue
here is the failure to take a recognized safety measure prior to movement
of a locomotive, with a view to preventing personal injury and equipment
damage, and. this is the only rfvatter presently before the Board. As stated in
Third Division Award No.
17761
(Kabaker):
"This Board has ruled on many occasions that the failure to
discipline or file charges against one employee cannot be
used as a defense by another er:ployee for his improper conduct
or for acts of negligence on his part, t^le are in full agreement
with this general principle and find it applicable to the instant
situation. See Awards
3321, 331L2, 8488, 9034, 11003, 13399,
1363, 15931
and
15978."
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUS=NT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ~ _
~os
arie Brasch - Adtrlinistrative Assistant
Dated a Chicago, Illinois, this 5th day.of September,
1979·