Form 1 NATIONAL RAILROAD ADJUSTMENT B04RD Award No. 9856
SECOND DIVISION Docket No. 9941
2-SOO-MA-184
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen, when award was rendered.
( International Association of Machinists and Aerospace
( Workers, AFL-CIO
Parties to Dispute:
( Soo Line Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement and the Soo Line Railroad Company
schedule of rules, the Carrier unjustly suspended Machinist Eugene T. Eldredge
for a period of five working days following formal investigation, effective
November 10, 1980.
2. That accordingly Soo Line Railroad Company compensate Machinist Eldredge for
all wages lost as a result of said suspension and restore to him unimpaired any
other rights or privileges of employment lost as a result of said suspension.
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 employes within the meaning o f the Railway Labor Act
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
invol ved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On October 23, 1980, the Company sent a notice of investigation to the
Claimant Machinist, E. T. Eldredge and Pipefitter R. Curtis, advising them
that the purpose of the investigation was "to determine facts and place responsibility
for putting locomotive D-785 into the transfer table pit at Shoreham at 6:00 a.m.,
on October 23,1980". As a result of the investigation which was held on October
8, 1980 the Claimant and Curtis were suspended from service for five (5) days due
to their "lack of complete control" and their "failure to make sure that the
trackmobile and the locomotive unit rare securely coupled to prevent a runaway.
On October 23, 1980 the Claimant and Pipefitter Curtis were instructed to
move locomotive D 785 from the roundhouse transfer table to the diesel shop.
The Claimant operated the trackmobile while Curtis coupled the trackmobile to
the locomotive and applied a safety chain which was
welded to
the trackmobile,
to the locomotive. The locomotive separated from the trackmobile and the front
truck of the locomotive was damaged when ii~ went into the transfer table pit.
Form 1 Award No. 9856
Page 2 Docket No. 9941
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Since it was the failure to secure the coupler and the safety chain
to the locomotive, which gave rise to the Carrier's discipline of the Claimant,,
the Organization contends that it was Pipefitter Curtis, rather than the Claimant
who performed all of the ground work including the coupling function and
connecting the
safety chain to the locomotive. Moreover, the Organization
contends that the Carrier had been aware of the improper operation of the
coupling mechanism in the past but had failed to remedy the defect. The Organization
also claims that the safety chain welded to the trackmobile was not long
enough to be wrapped around the coupling. Consistent with its design, the safety
chain was hooked into a pocket on the side of the coupler.
The Carrier contends that as the operator of the trackmobile, it was the
Claimant's responsibility to make sure that the locomotive and trackmobile were
securely coupled and that the safety chain was properly secured. Moreover, then
Carrier states that after the incident, an inspection by the foreman of the Motor
Car Shop disclosed that the coupler was open and found to be in proper working
order.
It is undisputed that the failure to secure the coupler and the safety
chain to the locomotive caused the locomotive to be separated from the
trackmobile and led to the damage to the front truck of the locomotive. The
Board has concluded that there is nothing in the evidentiary record to indicate
that the Claimant participated in securing the coupler and the safety chain
to the locomotive. The Claimant performed no activity with regard to the
episode in question other than to operate the trackmobile on October 23, 1983. Under
the guise of "lack o f complete control" of the locomotive, the Claimant cannot be
held responsible for the separation of the locomotive from the trackmobile. It &as
Pipefitter Curtis who performed the operation of coupling the locomotive to the
trackmobile. Indeed, there is nothing in the evidentiary record to conclude that the
Claimant, a machinist is responsible for checking on the work performed by
another employee, or is generally responsible for the work of another employee.
Pipefitter Curtis' testimony concerning the safety chain is illuminating.
He said that he applied the chain "the best way that I could to get it hooked to
the unit. He then went on to .say that "the chain on the trackmobile is very short
in length and about the only way I could get it to stay on the unit, the 785,
was to hook it into a pocket on the side of the knuckle on the 785". Furthermore,
he did not wrap the chain around the coupler because "the chain was not long
enough." The point to be emphasized is that the Claimant had nothing at all
to do with securing the coupler and safety chain to the locomotive. In light
of the activities performed by the Claimant and Pipefitter Curtis on October
23, 1980, it was the responsibility of Pipefitter Curtis rather than the Claimant,
to make sure that the coupling and safety chain were secured to the locomotive.
Turning to a related consideration, Pipefitter Curtis first noticed that
the locomotive was not coupled to the trackmobile "after the trackmobile started
its move**went through the roundhouse" and "was approximately 100 feet from the
transfer table pit." thus, the inference to be drawn is that the coupler and
safety chain did not separate when the trackmobile moved a distance. Thus,
even assuming that before the Claimant operated the trackmobile, he checked to
determine whether the coupler and safety chain were secure. The Board has
Form 1 Award No. 9856
Page 3 Docket No. 9941
2-SOO-MA-184
inferred that such action by the Claimant would not have prevented the accident in
question, since the move of the locomotive was well underway before the
vehicles separated.
Furthermore, the Board cannot conclude that the Claimant operated the
trackmobile at an excessive speed. The record indicates that Pipefitter Curtis
began running "along side the locomotive" after the vehicles separated. There
is nothing in the evidentiary record to warrant the conclusion that before
the separation of the locomotive, the Grievant operated the trackmobile at an
excessive speed.
That Pipefitter Curtis did not appeal the five (5) day suspension is of
no weight with regard to the instant submission. In fact, a reasonable inference
to be drawn from Pipe fitter Curtis' failure to appeal the Carrier's disciplinary
suspension is
that he accepts responsibility for the cause of the separation of the
locomotive from the trackmobile and the damage which was then caused to the front
truck of the locomotive.
After carefully examining the record, the Board cannot conclude that there
is substantial evidence to warrant a finding that the Claimant was responsible for
"putting the locomotive into the transfer table pit" on October 23, 1980.
Accordingly, the Claimant is to be compensated for the wages he lost as a result
of the five (5) day suspension and he is to be restored unimpaired to any other
rights or privileges of employment lost as a result o f said suspension.
A WAR D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J r-Executive Secretary
Dated at Chicago, Illinois, this 11th day of April, 1984