PENNSYLVANIA NEW YORK CENTRAL
TRANSPORTATION COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Pennsylvania Railroad, that:
OPINION OF BOARD: Claimant, a block operator was charged with, tried for and convicted of violating the second paragraph of Rule 317 in that he failed to issue a Form K clearance card to Extra 8916 North to pass certain block-limit stations and the first paragraph of Rule 705 in that he failed to insure that all conversation in connection with his issuance of block authority to Extra 8916 was understood. The charges were filed as the result of Extra 8916 colliding with an opposing train because of the overlapping of the block authority of each train. Upon Claimant's conviction, the discipline of dismissal was imposed.
Initially, Claimant contends that the proceeding on the property was unfair because the Carrier's initial decision was rendered by an official other than the officer who conducted the investigation. It is true that the record does not indicate that the hearing officer made the decision as to the discipline to be imposed; however, there is no provision in the applicable rule providing that a hearing officer must render the decision. Claimant's contention in this regard is, therefore, without merit. Award 16007 (Ives).
Next, Claimant contends that the discipline was not imposed in an "even handed manner" because a report of the Interstate Commerce Commission indicated that two other employes also shared responsibility for the collision and these employes received less discipline from Carrier than did Claimant. This evidence was never introduced in the proceeding on the property and, therefore, can not now be considered by us.