NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25223
Paul C. Carter, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Consolidated Rail Corporation:
System Docket 1926-D, Southern Region
Appeal on behalf of C. M. Hendrickson, who was dismissed by Notice
dated June 11, 1982."
OPINION OF BOARD: Claimant had about five and one-half years of service with
the Carrier. On June 3, 1982, he was notified to attend
a trial in connection with the charge:
"(A) Violated Rule 3342 of the Conrail Safety Rule Book S-7C which
states: Vehicle driver is responsible for the safe and proper
operation of the vehicle in his charge and the safety of the
occupants.
(B) Violated Rule 3306 which states in part: On or off track selfpropelled or other equipment
by the qualified employee in charge and is left on the track for
a short period of time while working must be protected against
movement by having:
(a) Engine or motor stopped and removing the ignition key.
(b) Clutch or gears engaged.
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(c) Brake (when so equipped) set to hold.
NOM: Such equipment left off the track must:
(a)
Be
clear of the track.
(b~ot obstruct crossing, pathway or platform.
·,`'r~pf
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Be locked with special lock.
"'Dn
May 28, 1982, at approximately 10:00 AM you parked Company Vehicle
E-4174 adjacent to track fouling No. 2 track at MP-3.8 on Oasis Branch
(the vicinity of 2358 Gladstone Avenue) which was subsequently struck
by N&W train LN15C-Engine No. 1386 damaging i1-4174 and a private
owned vehicle."
The trial was conducted on June 10, 1982, a transcript of which has
been made a part of the record. Following the trial, Claimant was notified on
June 11, 1982, of his dismissal in all capacities.
Award Number 25001 Page 2
Docket Number SG-25223
The Safety Rules involved are quoted in the letter of charge. In the
investigation there was substantial evidence adduced that Claimant parked a
Carrier vehicle on Company property in
Cincinnati, Ohio, in
such a
position
that it fouled a track and was struck by a Norfolk and Western train, with the
result of what is described as extensive damage
to two
N&W engines, total
destruction of the Carrier vehicle E-4174, and also total destruction of a
privately owned automobile.
Claimant attempted to excuse the incident as resulting from "poor
judgment" on his part. The Claimant's representative objected to Claimant's
past discipline record being read into the trial. The Board has issued
numerous awards upholding such procedure. The prior record may not properly be
used in determining guilt, but may be used to determine the discipline to be
imposed for a proven offense.
The Organization argues that while Claimant exercised bad judgment in
where he parked the Company truck, such action was not a deliberate act of
wrong doing and that dismissal was excessive. We consider Claimant's actions
as constituting extreme carelessness, resulting in destruction of Carrier
property and additional expense. There is no proper basis for the Board to
interfere with the discipline imposed.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties
to this dispute due notice of hearing thereon, and 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
That the Agreement was not violated.
A W A R D
NOV 6 1984
Claim denied.
fCO ojC
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 26th day of September 1984.