Award No. 10942
Docket No. SG-10781
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J· Moore, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
THE KANSAS CITY SOUTHERN RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Kansas City
Southern Railway Company that:
(a) The Carrier violated the current Signalmen's Agreement,
particularly Rule 77, when it assessed discipline against Assistant Signalman L. A. Gandy, Pittsburg, Kansas, following an investigation held on October 28, 1957, at which he was charged with
the violation of motor car rules No. 19-a, 19-c, 19-f, and 20-h of
Maintenance of Way Rules.
(b ) The Carrier now be required to compensate Assistant
Signalman L. A. Gandy for all time lost (five working days) as
a result of the unwarranted discipline rendered and also clear
his personal service record of this unjust charge. (Carrier's File
No. 013.31-28-PR)
OPINION OF BOARD:
This dispute is between the Brotherhood of
Railroad Signalmen of America and the Kansas City Southern Railway
Company.
On October 10, 1957, a motor car operated by R. Sanders, Relief
,Signal Maintainer, and the Claimant was overtaken and struck by Carrier's freight train. Both men were given hearings and discipline assessed.
'The Claimant contends that the Carrier did not comply with Rule 77,
and that Claimant did not violate the rules.
"RULE 77
"An employe who has been in service more than sixty (60)
days or whose application has been formally approved shall not
be disciplined or dismissed without investigation, at which investigation he may be represented by a duly authorized representative of the organization or by an employe of his choice.
He may, however, be held out of service pending such investigation. At least forty-eight (48) hours prior to the investigation, he
shall be advised of the precise charges against him, and shall
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have a reasonable opportunity to secure the presence of necessary witnesses and representative. The investigation shall be
held within ten (10) days of the date when charged with the offense
or held from service. A decision will be rendered within ten (10)
days after the completion of investigation. If a transcript of investigation is made a copy of same will be furnished the employe
or his representative."
The Carrier obviously complied with this rule. The Claimant violated
Rule 19(c) and Rule 138.
"RULE 19(c)
"Before leaving assigned starting place, Foreman and other
employes responsible for operation of motor cars shall, when
practicable, secure from telegrapher, in writing, information
showing the approximate time of arrival at the station at which
information is secured, of each train moving at that time which
may arrive within one and one-half hours after issuance of order
by the telegrapher. Additional line-ups must be obtained as often
as necessary. Original line-ups must be kept on file for future
reference. This
information is
for use in planning work in such
a way as to minimize delay to trafc, and not as authority to
occupy the main track. Main track may be occupied by track cars
only by full compliance with all rules . . . ."
"RULE 138
"When a hand car or motor car is occupied by two or more
men at least one man must face to the rear and a sharp lookout
for trains must be maintained in both directions."
For the foregoing reasons, we believe the Agreement was not violated.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein;
and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD
ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 5th day of December 1962.