Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11677
SECOND DIVISION Docket No. 11315
89-2-86-2-136
The Second Division consisted of the regular members and in
addition Referee Thomas F. Carey when award was rendered.
(International Association of Machinists and Aerospace
( Workers
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
1. That the Indiana Harbor Belt Railroad violated the controlling
Agreement dated January 1, 1947, as subsequently revised, particularly Rule
36, but not limited thereto, when they assessed Machinist J. Clemens 20 days
actual suspension account he allegedly violated safety rules, thereby allegedly causing a derailment and delay in train movement.
RELIEF REQUESTED
1. That the Indiana Harbor Belt Railroad compensate Machinist
Clemens for 20 days pay at the pro rata rate, and
2. Make claimant whole for any and all losses incurred due to his
unjust suspension from the service and remove all reference to same from his
service 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 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 waived right of appearance at hearing thereon.
The Claimant was employed as a Machinist at Blue Island, Illinois,
with a service date of January 5, 1976. On March 4, 1985, at 11:10 A.M., the
Claimant and a Laborer were required to move a consist of Conrail power, from
the North Ready Track to the South Ready Track. The Claimant was acting as the
engineer and operating the lead locomotive (6502) which was coupled back-toback with Locomotive 6509, and the Laborer was acting as the groundman or
switchman. During the course of movement, the Rip Track Lead switch was run
through, and on the reverse move through the switch the engine derailed
causing damage to the track and delays for other trains.
Form 1 Award No. 11677
Page 2 Docket No. 11315
89-2-86-2-136
As a result of this incident, the Claimant and the Laborer were
charged with:
"Violation of Safety Rules 4224 (a & c), 4520 (m),
Hostler Instructions, and movement of locomotives
without personnel on the point in the direction of
movement, causing the derailment of locomotives CR
6502 in consist with CR 6509 at 11:10 A.M. on March
4, 1985, which resulted in $2,000 damage to tracks,
cost of $3,200 rerailing expenses, and delay to
symbol and belt trains PXPI-4, PXSE-4 and BA-1130."
A hearing was held on the charge on March 13, 1985, and the Claimant was found
guilty. He was assessed a 20 day actual suspension.
According to the Carrier, the Claimant took the signal from the
Laborer and moved the locomotive consist eastward as he looked in a westerly
direction at the Laborer. When the Laborer signalled the Claimant to stop,
the front truck of the lead unit had already run through the Rip Track Lead
switch. To compound the error, instead of completing the move through the
switch, the Claimant and the Laborer made a reverse move through the switch in
an attempt to back onto the Ready Track, triggering the derailment and causing
extensive delays and track damage. The Carrier maintains that, as a member of
the crew, the Claimant had a larger responsibility in the moving of the locomotive, and that if either the Claimant or the Laborer had followed the Rules,
which are designed to be fail safe, there would have been no derailment, and
no subsequent track damages and train delays. However, both failed to comply,
which set in motion an accident the Carrier alleges need not have occurred.
The Claimant testified that he had been instructed on the movement of
locomotives, and had signed for copies of all pertinent manuals and bulletins
regarding safety procedures. However, when pressed on the events leading up
to the derailment--particularly the issues of a man being on the point in the
direction of movement, or on viewing a switch before moving a train over
it--his answers to specific questions were vague and contradictory. He professed to know little about moving locomotives, although he had previously
testified that he had been trained to do so, and he was unable to offer any
reason for the derailment.
It must be underscored that this Board upholds the proposition that
each employee must accept responsibility for his own actions, and cannot
attempt to shift that responsibility to anyone else. In Second Division Award
6538 the Board held:
"...each employee is responsible for the performance of his duties, and his failures cannot be
excused because others may also have been at fault
(Award 1716). Over the years, in all divisions, we
have ruled consistently that employee responsibility cannot be avoided by shifting the blame to
supervisors or other employees..."
Form 1 Award No. 11677
Page 3 Docket No. 11315
89-2-86-2-136
Further, it must be noted that the Claimant's violations of the
Hostler's Instructions and the applicable safety rules are what is at issue in
this case, not the degree nor the monetary amount of any damages or delays
resulting from those violations.
The Claimant was clearly responsible for his own actions in this
case, and, as a member of a crew, must shoulder more responsibility than a
Laborer in such a situation. The Board, therefore, finds no basis for reducing the Claimant's penalty.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
~~ om:Fawarlef
Z. -
Nancy J.X,~r'er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of March 1989.