Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27221
THIRD DIVISION Docket No. SG-27439
88-3-86-3-688
The Third Division consisted of the regular members and in
addition Referee Jack Warshaw when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Baltimore & Ohio Railroad Company (B&0)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Sigmalman on the Baltimore
and Ohio Railroad Company (B&O):
On behalf of R. B. Mensen for payment of ten (10) days pay at his prorata rate of pay account of
his alleged involvement in a vehicle accident on April 15, 1985, in Vincennes,
Indiana. Carrier file: 2-SG-798."
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.
The evidence is clear that the Claimant, while driving a Carrier
vehicle, was involved in an accident when he attempted to make a left turn in
the face of on coming traffic. Since the other vehicle was not required to
stop at the intersection its driver had the right-of-way. The Claimant was
issued a traffic citation by the Vincennes Police Department when it determined that the Claimant wa
improperly.
The Organization contends that the discipline was excessive in view
of the Claimant's 40 years of service and excellent safety record. It notes
that (1) the Claimant had waited for 10 to 15 cars to pass before he turned,
(2) had his left turn signal on, (3) had checked both rear views before turning and observed no cars
about 2 miles per hour when the collision occurred.
Form 1 Award No. 27221
Page 2 Docket No. SG-27439
88-3-86-3-688
Although the Board regrets that the Claimant's fine record has been
blemished by this incident and that his earnings have been adversely affected
as a result, we do not find the discipline to be arbitrary or excessive. Nor
is there any evidence to support the allegations that the Vincennes Police
Department acted improperly or that the Claimant was treated disparately by
the Carrier.
Accordingly, as there has been no demonstration of abuse of managerial discretion, the Board wil
Employer. (See Third Division Awards 6240, 16281 and 5360).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.
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- Executive Secretary
Dated at Chicago, Illinois, this 20th day of July 1988.