Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9470
SECOND DIVISION Docket No. 9461
2-CR-FO-'83
The Second Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Hostler Helper R. W.
Boulton was unjustly suspended for ten (10) days from service of the
Carrier following trial held on date of November 20, 1979.
2. That, accordingly, the Carrier be ordered to make the aforementioned
R. W. Boulton whole by compensating him for ten (10) days' lost wages.
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.
The Claimant, R. W. Boulton, Jr., a laborer with approximately four years of
service, was suspended for ten days in connection with his role in the derailment
of engine 6269 on November 3, 1979. The facts are undisputed. The Claimant was
working with a hostler on that date. They were in the process of turning three
units. The Claimant had already given a back up signal to the hostler and, when
the unit came abreast of the Claimant, he boarded and stood in the cab of engine
6269. As the two stood in the cab discussing their next move, the three units
drifted backwards and derailed.
The Organization contends the discipline imposed is improper because the
charge lacks sufficient specificity. It additionally claims the derailment would
not have happened if the tracks were blocked properly.
The Board has reviewed the transcript and finds no foundation for the
Organization's position. The Carrier's charge sufficiently alerted bcth the
Claimant and the Organization to the nature and time of the incident, then --bv
affording both with ample opportunity to mount and prepare proper defense.
The Board notes the Claimant and hostler acknowledged responsibility for
the move involving the three units. The evidence provides no basis to challenge
the Carrier's determination this Claimant was partially responsible for that
derailment. We do, however, believe the facts and circumstances do not support
Form 1
Page 2
Award No. 9470
Docket No.
9461
2-CR-FO-183
the issuance of a ten day suspension. Therefore, we hereby reduce the degree of
discipline to a five day suspension. Claimant is to be made whole for the
difference.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By IL.-r
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of May, 1983.