NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
"You are hereby notified in accordance with the rules of your agreement under which you are working to report at Trainmaster's Office, Cumberland, Md. at 10 A.M., Nov. 1, 1966 for hearing on the following matter: 'Your responsibility in connection with accident to train 88 at East End of 83 Fill at 4:50 AX., Oct. 30, 1966 and failure to hold train 88 until head end had been advised that they had Pullman Standard car in their consist."
"This refers to investigation held at Cumberland, Md. at 10:00 A.M., Thursday, November 10, 1966.
(2) the evidence adduced at the investigation was insufficient "to sustain any charge against the individual claimant . . ."
On the occasion in question, the 30th of October of 1966, Carrier's Train No. 88 was literally pulled apart while travelling east out of Hardman, West Virginia. The resultant damage amounted to $3,500.00. The two engine train was pulled apart because the rear engine, having received precautionary instructions from Dispatcher Butts, was trying to maintain a speed of less than 10 miles an hour while the head engine crew was plowing ahead, unaware of the existence of a Pullman Standard car in the train consist. Special handling of such cars was required.
On the first point-the sufficiency of the notice-we hold that the record reflects that Mr. Butts was fully aware of the dereliction with which he was charged. While the notice did not mention a specific rule, we have frequently held that such is not essential to fair treatment of the accused. Award 11443 (Dolnick).
The second point is deserving of more elaboration; we will discuss Claimant's defense on the merits.
1. Petitioners contend that Mr. Butts was not derelict in failing to notify the head engine crew since he did not have time to do so prior to the accident. This is not so. The train was at Hardman 8 minutes. He notified the rear engine crew and relied on them to tell the head engine crew; however, since the head engine had no radio, the rear engine crew could not contact them. Dispatcher Butts should have made certain that the front crew had the word; otherwise, he should have (and he could have) held the train.
2. Petitioners' main argument is found in their contention that General Order 10, being an order superseding General Order No. 9, relieved Train Dispatchers of responsibility relative to the movement of Pullman Standard cars.
Assuming that General Order No. 9 did detail instructions for the handling of such cars, it unquestionably fixed specific responsibility on Train Dispatchers for "issuing train orders, instructing train and engine crews that such equipment is being handled in their train." Such specific fixing of primary responsibility was omitted from the superseding General OrderNo. 10. The position of Mr. Butts necessarily implies that he was thereby relieved of responsibility for taking "such action as is necessary to insure safety of trains" his general instruction under Rule 803.
We believe it fundamental that prime responsibility devolves on a Train Dispatcher to insure the safe movement of trains operating within
his jurisdiction. Butts acknowledged such responsibility when he notified the rear crew. His reliance on that crew to pass the word to the front was not in keeping with sound operating procedures. We do not believe the 15 day suspension was unreasonable.
Petitioners complain that the issue of Rule 803 was not developed on the property. Aside from our position that the responsibility levied under such rule is a fundamental one, inherent to the position of train dispatcher, we observe that the notice did in fact specify that he was being suspended because of a violation of such rule.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
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