NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number TD-25174
Robert
W.
McAllister, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Boston and Maine Corporation
STATEMENT OF CLAIM:
Request that the discipline of a Letter of Reprimand dated December
23, 1981 be removed from Train Dispatcher R. P. Marcoux's Personnel Record,
that the charges be withdrawn and never referred to again, and that Mr. Marcoux
be compensated for all expenses and/or losses related to this matter.
OPINION OF BOARD: The Claimant, R. P. Marcoux previously worked for the Carrier,
and after a seven (7) year break established his current seniority
on April 6, 1979, as a clerk. On October 25, 1980, he became a Train Dispatcher.
A little over a year later, Claimant was charged with failing to observe high
reading in Hot Box Detector Graph for Car UTLX 97095, 73rd Head Car, Train LAME
19B, November 19, 1981, as it passed over detector at Hoosick, New York. This
failure resulted in a journal burning off at Scotia, New York, and derailed the
train.
The record reveals that the Claimant was familiar with the hot box
detectors and understood how to read the tapes produced. On the day in
question, the Claimant acknowledged he was the individual who took the tape off
the machine immediately after it generated information on Train LAME 19B. He
put it on the desk and looked at it, but did not notice the high reading. We
recognize that dim lighting and the light print out testified to may have been
factors. Nevertheless, Claimant was able to see the high reading at the hearing
and had he difficulty with his vision on November 19, 1981, he should have
taken appropriate measures to insure a proper reading in that he was responsible
for the monitoring in order to assure operational safety. This Board is
impressed with the candor and clarity of Claimant's testimony, but, under the
circumstances outlined above, it cannot interfere with Carrier's issuance of a
Letter of Reprimand since it is supported by credible and substantial evidence.
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 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.
Award Number 25354 Page 2
Docket Number TD-25174
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy . ~3er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of March 1985.