NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20357
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brother-
hood of Railroad Signalmen on the Louisville
and Nashville Railroad Company:
On behalf of Signal Foreman J. D. McDonald for removal of
the 45-day suspension recorded against his record for
alleged responsibility in connection with the derailment
of a track crane on August 9, 1971 at West Knoxville,
Tennessee. _ _
/Carrier's File: D-104076; G-306-5/
OPINION OF BOARD: In this case Claimant seeks the removal of a 45
day record suspension assessed against his dis
cipline record following an investigation in which he was found in
violation of certain Carrier safety rules, while moving an on-track
crane on August 9, 1971. On that date the crane on which Claimant
and another employe were riding was derailed.
In handling on the property, the appeal from record discipline was premised on the contention th
the Claimant was charged with no specific rule violation. Further,
petitioner also maintained that no responsibility for violation was
shown to be attributable to Claimant. In furtherance of its procedural objections, Petitioner relied
the Agreement.
In cases too numerous to require citation we have held
that under rules similar to that here involved, notice of the type
given by the Carrier herein is sufficient. Moreover, analysis of
the record shows that testimony taken at the investigation substantially supports a finding of culpa
Award Number 20464 Page 2
Docket Number SG-20357
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL
RAILROAD ADJTTSTMrV.r nnARD
,'~y Order of Third Division
ATTEST:
(~//
11111,11J I
Executive Secretary
Dated at Chicago, Illinois, this 25th day of October. 1974.