"Claim Number CD-2-89; This grievance is being instituted by the Organization on behalf of the employees of the Car Repair Department. The grievance is that on the day of August 2, 1989 at approximately 12:50 P.M. Mr. L. Johnson, assistant supervisor of the Maintenance of Way department, and Mr. T. Alvarado, track foreman for the Maintenance of Way department, were both observed trying to rerail the USX narrow gage engine which had derailed near the north door of the Bloom Mill. They attempted to rerail the engine by placing wedges underneath the wheels so as to have the engine climb back under its own power. However, their attempt to rerail the engine was futile and the Car Repair department, which customarily handles derailments, was notified. However, instead of using the hourly employees of the Car Repair department to rerail the engine, only supervisors were used. Those supervisors who manually assisted in rerailing the engine were car Repair Department supervisor Mr. Jack Justice, Maintenance of Way Department supervisor Mr. Robert Kepic, Maintenance of Way assistant supervisor Mr. Larry K. Johnson, Maintenance of Way track foreman Mr. Timothy Alvarado, and The Lake Terminal Railroad Company superintendent Mr. J. E. Streett. There attempt to rerail the engine was successful. Unfortunately, in their successful to rerail the engine they violated Rule of Definitions; section 4. and Car Repair Department Rule 16; sections (b) and section (d).

For this violation of the contract, the Organization is requesting that the Company pay as penalty eight (8) hours pay at their regular rate of pay to one (1) wreck crew. The penalty is to be paid according to Rule 16; section (s) 1. This penalty payment is in addition to all other earnings availability to perform the work to be considered."

93-3-90-3-321