NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20610
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The suspension of Work Equipment Operator L. M. Jacobsen September 22 through October 1, 1972 fo
828" was without just and sufficient cause and on the basis of unproven
charges (System File 33-R-3/MW-20 (b) 2-16-73).
(2) Work Equipment Operator L. M. Jacobsen be compensated
for all wage loss suffered and his record be cleared as per Rules
40-G.
OPINION OF BOARD: Claimant was instructed by his Foreman to excavate
between North Hump tracks #ll and ;)12 in Hobson
Yard on August 11, 1972. He left his machine to observe the work to
see if he could accomplish it more effectively by re-positioning it.
While he was off the machine the boom, which was fouling track #ll,
was struck by a cut of cars.
Claimants' defense, to a charge thst he had not complied
with Rule 828, is that he assumed that his Foreman had provided protection when he was assigned to w
the Rule. Rule 828 .reads:
"Roadway Machines and Work Equipment
"828. Pile Drivers, cranes, draglines, dozers, and
(similar) equipment, either on-track or off-track must
not foul a track until protection has been provided in
both directions on tracks affected. Before a train
or engine is permitted to pass, operations of such
equipment must be stopped and booms or other projecting
parts must be secured to clear the track to be used."
Obviously protection should have been provided. Claimant
argues that it was not his responsibility under the rule to know that
Award Number 20671 Page 2
Docket Number MW-20610
it had been. That argument is not accepted. Under the Rule Claimant was responsible for either p
that it had been provided. He made no inquiry of his supervisor or
any other person. He did not advise the proper persons that he was
working on tracks #11 and 412. His own safety was at stake since
when he operated his machine he necessarily fouled track #ll. It
was not unreasonable under the circumstances to hold him responsible
for compliance with Rule 828.
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 ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (a4/,
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1975.