Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11590
SECOND DIVISION Docket No. 11463
88-2-87-2-107
The Second Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (Former C&0)
STATEMENT OF CLAIM:
1. That the Chesapeake and Ohio Railway unjustly and arbitrarily
disciplined Lineman R. E. Greene by assessing discipline consisting of ten
(10) days overhead suspension.
2. That accordingly, the Chesapeake and Ohio Railway Company be
ordered to expunge Lineman R. E. Greene's service record of all mention of the
unjust discipline.
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 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 were given due notice of hearing thereon.
On May 15, 1986, the Claimant, while driving a Carrier truck, was
involved in an accident with a private passenger car. Claimant was turning
left when the car (moving in the same direction as Claimant) attempted to
pass; the car struck the truck on the truck's left side. An Ohio State
Highway Patrol Officer charged the Claimant with "improper turn" and the
driver of the car with "improper passing." Subsequent to an investigative
hearing, the Claimant was disciplined with a ten (10) days overhead suspension
for six (6) months.
The Organization has raised a procedural issue concerning the charge.
The charge must be sufficiently precise so that the Claimant and the Organization can prepare a defense. Even though the charge in this matter does not
refer to a specific rule, the charge is quite specific about the event under
investigation. The charge meets the requirement of Rule 27.
Form 1 Award No. 11590
Page 2 Docket No. 11463
88-2-87-2-107 -
In determining the Claimant's share of responsibility for the accident, the report of the State Highway -Patrol Officer is persuasive. Based
upon his investigation at the accident scene and interviews with both drivers,
the Officer concluded that the Claimant turned improperly. Given the commonly
recognized expertise of these officers, it is fair and appropriate to accept
the Officer's findings and conclusions. Accordingly, there is substantial
evidence that the Claimant shared fault for the accident.
The Carrier has fulfilled the responsibility of proving fault in this
matter. This Board cannot find any basis in the record for setting aside the
discipline. The action by the Carrier was not arbitrary, capricious or unjust.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 19th day of October 1988.