Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27019
THIRD DIVISION Docket No. MW-26659
88-3-85-3-405
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Automatic Tamper
Operator C. M. Williamson for alleged responsibility in connection with the
incident which occurred at approximately 10:30 A.M. on May 1, 1984 in the
vicinity of Mile Post 180.8, when the machine he was operating, MW 850,
Jackson 800 automatic surfacing machine, derailed, was unreasonable, unwarranted and on the basis of
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is employed as a tamping machine operator. On May 1, 1984,
Claimant was assigned to operate a Jackson 6000 Automatic Surfacing Machine
(MW 850). While Claimant was operating the machine, it derailed. On May 15,
1984, Claimant was notified to attend an investigation of the charge:
Form 1 Award No. 27019
Page 2 Docket No. MW-26659
88-3-85-3-405
"to ascertain the facts and determine your
responsibility in connection with the incident that occurred at approximately 10:30 A. M.
on May 1, 1984 in the vicinity of MP 180.8
when the machine you were operating, MW 850,
Jackson 6000 Automatic surfacing machine, was
derailed causing damage in the amount of
$15,000.00 to the machine and turning over rail
and breaking a rail in the South Team Track
switch at McElhaney, Missouri."
After a postponement, the hearing was held on June 11, 1984; as a result of
the hearing, Claimant was assessed a thirty-day suspension. The Organization
thereafter filed a claim on Claimant's behalf, challenging the suspension.
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the finding
that the Claimant was guilty of the offense with which he was charged.
Once this Board has determined that there is sufficient evidence to
support the guilty finding, we next turn our attention to the type of discipline imposed. This Board
discipline unless we find it to be unreasonable, arbitrary, or capricious. In
this case, given the nature of the wrongdoing and the record of the Claimant,
we find nothing unreasonable about the discipline assessed by the Carrier.
Therefore, we must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ever.- Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.