Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27153
THIRD DIVISION Docket No. SG-27264
88-3-86-3-353
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Baltimore S Ohio Railroad Company (BSO)
STATEMENT OF CLAIM: "Claim on behalf of the General Grievance Committee of the
Brotherhood of Railroad Signalmen on the Baltimore and
Ohio Railroad Company (B60):
On behalf of Signal Maintainer E. E. Jones, who was excessively
disciplined when he was suspended for 10 days account of his alleged
involvement in a vehicle accident on April 12, 1985, at 12:30 PM at MP 242.9,
Flora, Illinois. Carrier File: 8-SG-793."
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 employees 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 was suspended for ten days for his alleged involvement in a
vehicle accident on April 22, 1985, in Flora, Illinois, which caused $650
worth of damage.
It is undisputed that in going around another truck, Claimant's
mirror struck the other vehicle. This Division is left with the conclusion
that Claimant did not ensure that he had proper clearance.
In light of the fact that Claimant's record includes another ten-day
suspension, a reprimand, and a demotion, a ten-day suspension in this instance
is not excessive.
A W A R D
Claim denied.
Form 1 Award No. 27153
Page 2 Docket No. SG-27264
88-3-86-3-353
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.