Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9541
SECOND DIVISION Docket No. 9543
2-IHB-FO='83
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Indiana Harbor Belt Railroad Company
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Eddie D. IxFlore
was unjustly dismissed from service of the Carrier following trial
held on September 18, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Eddie D. IeFlore whole by restoring him to Carrier's service, with
seniority rights unimpaired, made whole for all vacation rights,
holidays, sick leave benefits, and all other benefits that are a
condition of employment unimpaired, and compensated for all lost
wages, also reimbursement for all losses sustained account of coverage
under health and welfare and life insurance agreements during the time
he has been held out of service.
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, Mr. E. D. LeFlore was employed as a Laborer at the Carrier's
Blue Island Repair Track at Blue Island,Illinois for a period of ten years prior
to the incident that resulted in his discharge on September 24, 1980 for the
following offense: in connection with movement of CNW locomotives 5091 and 5079
without protection on the point and derailment of CNW 5079, and for damage
sustained to IHB locomotives 8729 when collision occurred on the rip track lead
at approximately 2:00 P.M., September 10, 1980.
Mr. LeFlore testified that he moved two CNW locomotive units, because he
had observed three Conrail engines that he thought were going to tie up the
"rip lead". He testified that in making the move at 2 or 3 miles per hour he
was looking out the window, sounding the horn and bell, and that IHB locomotive
9729 was obstructed from his vision. He testified that he made this move without
protection on the point. He further testified that a person flagged him down
and he threw the brakes on the CNW's, which applied slow and he hit the IHB 8729.
Form 1 Award No. 9541
Page 2 Docket No. 9543
2-IHB-FO-'83
This resulted in CNW locomotive
5079,
having two wheels off the track, which
were rerailed by using blocks. There was no damage to the CNW unit or the
track. IHB unit 8729 had a crack in the middle of the coupler. The Carrier
estimated that it cost 1,500 to $2,000 to repair this unit. The Claimant's
representative questioned and the Enginehouse Foreman responded as follows on
this point:
"Mr. Franiak: You said it costs $1,500 to $2,000 to replace or to
for the damages sustained to that Harbor. Are you
saying that it's $2,000 to put in a coupler?
Mr. Fenolio: Well, you got to take into consideration the deflection
on the generator. They have to check that out with the,
including the labor involved, because you are talking a
tenth of an inch, if that is out of line, for the main
generator."
There is no doubt that Mr. heFlore is responsible for violating Safety Rule 4328.
Mr. LeFlore straightforwardly admitted his full responsibility in this very
serious matter. We have considered the fact that Mr. LeFlore had been dismissed
for insubordination and violation of a letter of instruction pertaining to Blue
Flag protection in early 1977, and had been returned to service for a period of
some three and one half years at the time of the incident of September 10, 1980.
No evidence of record indicates that Mr. LeFlore had been disciplined in this
period prior to September of 1980. And, this individual who had ten years of
service in 1980, was considered by his foreman as an employe who did his job.
We believe that the discipline has served its purpose and that he should be
reinstated to service with all rights unimpaired, but without back"pay or back
benefits. It should be made very clear to Mr. LeFlore that this is his last
opportunity to demonstrate that he can comply with all of the Carrier's Safety
Rules, at all times; and that his reinstatement is on a, last chance basis.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 6th day of July, 1983.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division