NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26047
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ninety (90) days suspension imposed upon Welder Helper R.
L. Thomas and the dismissal of Welder D. E. Willhoite for alleged violation of
'General Rule "L", Basic Rule "1", Uniform Code of Safety Rules and Rules "L",
"N", 4(b), 6, 99(a), 100 of Rules 6 Regulations for Maintenance of Way 6
Structures on June 22, 1983 was excessive, unwarranted and in violation of the
Agreement (System File NIRCRC-D-1099).
(2) Welder D. E. Willhoite shall be reinstated with seniority and
all other rights unimpaired and Messrs. D. E. Willhoite and R. L. Thomas shall
be compensated for all wage loss suffered."
OPINION OF BOARD: On the date of the occurrence giving rise to the dispute
herein, .June 22, 1983, Claimant R. L. Thomas, a welder
helper, parked a Carrier motor vehicle too close to the track and the vehicle
was hit by a passing deadhead train DHQ 6132, resulting in damage to the
truck. Claimant D. E. Willhoite, a welder, was with Thomas and was in charge.
On June 23, 1983, both Claimants were notified:
"You are hereby notified that a formal hearing
will be held in the Office of Department ManagerRock Island Engineering, 127th Street, Blue Island,
Illinois, 1:00 PM, Monday, June 27, 1983, to develop
the facts, discover the cause and determine your
responsibility, if any, in connection with damage
to Welders Truck when struck by Deadhead Equipment
6132, approximately 3:12 PM, June 22, 1983, at MP 14
Pole 14 (Purington Crossover), Blue Island, Illinois,
in violation of General Rule 'L', Basic Rule '1' of
the Uniform Code of Safety Rules and Rules 'L', 'N',
4 (b), 6, 99 (a) and 100 of the Rules and Regulations
for Maintenance of Way and Structures, Form PE-01-RC
(NIRCRC Employee Conduct Rules) and any violation of
rules and/or instructions in connection therewith.
"Arrange to be present with your representative, if
representation is desired, and any witnesses you desire,
as provided for in the Maintenance of Way Agreement."
The Hearing was held as scheduled. A copy of the Transcript has
been made a part of the record.
Award Number 25914 Page 2
Docket Number MW-26047
On June 30, 1983, Claimant Willhoite was assessed discipline of
dismissal and Claimant Thomas was assessed discipline of ninety days actual
suspension. The rules referred to in the letter of charge are set forth in
the record and will not be repeated here.
We have reviewed the Transcript of the Hearing and find substantial
evidence warranting discipline against each Claimant. The accident occurred
simply because the truck was parked too close to the track. Both Claimants
were aware that the train involved was due. Claimant Willhoite was in charge
of the work operation and Claimant Thomas was under the direction of
Willhoite. More severe discipline was warranted against Claimant Willhoite
than against Claimant Thomas. However, considering Claimant Willhoite's years
of service, thirteen years as a welder for the railroad, and the relatively
minor damage to the equipment, we find that permanent dismissal of Willhoite
was excessive discipline. The time that he has been out of service should
constitute sufficient discipline. We will award that Claimant Willhoite be
restored to service with seniority and other rights unimpaired, but without
any compensation for time lost while out of service. We will not disturb the
discipline assessed Claimant Thomas.
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 discipline assessed Claimant D. E. Willhoite was excessive.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
01
Attest:
Nancy J er - Executive Secretary
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Dated at Chicago, Illinois, this 26th day of February 1986.
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