ATIONAL RAILROAD ADJUST%IJ=,1T BOARD
TFF-7RD DIVISION Docket ?lumber ZdW-24011
Josef P. Sirefman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPM
(Consolidated Rail Corporation
ST-9TMETII' OF G7.AIb1: "Cleim of the System Committee of the Brotherhood that:
(1) The five
(5)
day suspension imposed upon Truck Driver Steve
Janosko for his alleged responsibility 'In connection with collision of
Thompson Switching Engine 7741 and Conrail M.W.S. Boom Truck G-8220' was
without just and sufficient cause and on the basis of unproven and disproven charges (System Docket
(2) Truck Driver Steve Janosko shall have his service record
cleared of the charges and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant, Truck Driver Steve Janosko, was served with
a notice of trial "In connection with collision of
Thempson Switching Engine 7741 and Conrail M.W.S. Boom Truck 62220 at
Thompson Storage Yard at approximately 9:%:5
F.,
January 8, 1979." Une
trial was held on March 2nd and 6th, 1979 and Claimant was disciplined
with a ten-day suspension. On Appeal the suspension was reduced to five
days.
The record establishes through numerous witnesses that Clair^nt
was partially responsible for placing his Boom Truck on a track which ~ad
not been removed from service. That there may have been others who share
this responsibility does not cancel or offset Claimant's involvement in the
incident. (See Third Division award 2403'). There was suostantial evidence
to susrsin the Carrier's decision to discipline Claimant. Given tae seriousness of the occurrence th
F7iIDIP1GS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
That the rarties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Rai1·.ray Labor
Act, as approved June 21, 1934;
Award N,uioer
24432
Page 2
Docket Numoer Mvi-24011
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Tnat the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADTUSU·SMT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
l - ~ ~i
__ ;%
Rosemarie Bras,h - Administrative Assistant
Dated at Chicago, Illinois, this 15tt: day of June
1983.