Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28771
THIRD DIVISION Docket No. TD-28708
91-3-89-3-48
The Third Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Formerly The Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
"Appeal of 10 days actual suspension from service assessed Train
Dispatcher T. L. Wallerich (Carrier file 10-(88-4)]"
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.
An Investigation was held on January 18, 1988, to determine Claimant's responsibility, if any, i
and Container Nos. SEAU 105596, 463942, 416526 .end 140071 at approximately
2330 hours on December 3, 1987, at MP 28.2 on the Blue Island Subdivision
while operating Train R-231. Based on the investigative record, Carrier
concluded that Claimant failed to instruct,properly the train crew when taking
other than the normal route which contravened Rules 531 and 532 of the
Carrier's Operating Rules. Claimant was assessed ten (10) days actual
suspension.
In defense of its petition contesting said discipline, the Organization contends that Claimant r
the contents of the train, particularly with respeet to the height of the
cars. It acknowledges that he was aware that all of the trains were doubled
stacked cars, but maintains that no one made him aware that any cars in excess
of 17'2" high were in Train R-231. Furthermore, it asserts that crew members
were mindful of the restricted height of the overhead bridge at 19th Street
and were aware or should have been aware of the apparent inconsistency between
the height of the cars and the height of the bridge. It argues that Claimant
had no information regarding the precise height of the cars and takes exception to Carrier's content
instruct crews to observe dimensional restrictions.
Form 1 Award No. 28771
Page 2 Docket No. TD-28708
91-3-89-3-48
Contravise, Carrier contends that Claimant was responsible for insuring that trains are d
applicable rules and special instructions. It asserts that Claimant was aware
of the height of the 19th Street BN Overhead Bridge and aware that said bridge
necessitated restricted movement. It points out that while Claimant might not
have known exactly what Train R-231 contained, he failed to take any action to
protect.its.movement on No. 1 main at 19th Street and failed to instruct the
train crew as to the movements to be made when taking other than the normal
route.
In considering this case, the Board concurs with Carrier's finding.
We have carefully reviewed the investigative transcript specifically the ongoing communicative relat
within the context of the cited Carrier's operating safety rules and within
the context of the height restrictions of the Overhead Bridge at 19th Street.
Accordingly, predicated upon this detailed review we are compelled to conclude
that Claimant didn't exercise that needed degree of prudent judgment under
these operating circumstances and discipline was indeed warranted. We believe, however, that ten (10
and it is thereby reduced to five (5) days. Claimant is to be made whole for
the difference in time lost.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BARD
By Order of Third Division
Attest: /
ancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1991.