Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35807
Docket No. MW-32852
01-3-96-3-189
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it failed to provide
Vehicle Operator R. Bowser the means with which to weigh the
truck he was assigned to operate in the vicinity of Perry, Ohio on
October 18, 1994, which resulted in his having to pay a three
hundred forty-seven dollar ($347.00) fine to the State of Ohio
(System Docket MW-3840).
2. As a consequence of the aforesaid violation, Vehicle Operator R.
Bowser shall be reimbursed the three hundred forty-seven dollars
($347.00)"
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice of hearing thereon.
Form 1 Award No. 35807
Page 2 Docket No. MW-32852
01-3-96-3-189
On October 18, 1994, the Claimant received a $347.00 citation from the State of
Ohio, because the Carrier's vehicle which he was operating was overweight. This claim
seeks reimbursement from the Carrier for that fine, which the Claimant paid using his
personal credit card.
For reasons set forth in Third Division Award 35806, the claim is denied.
Rule 3250 provides:
"Drivers must obey the motor vehicle laws and be properly licensed.
Except for unusual circumstances, it is the driver's responsibility to pay
all fines, penalties or charges which may be assessed against them for
failure to comply with regulations."
As in Third Division Award 35806, Rule 3250 governs this dispute.
The record here does not show that the Claimant was ordered to take an
overweight load. As the Organization states on the property, a Carrier Foreman may
have "advised the claimant that he could still fit two more pallets onto the vehicle
without being overloaded," but ".. . claimant denied the carrier official request stating,
I would rather be under than close, and did not load the final pallets." The fact that the
Claimant declined to take more pallets shows, as in Third Division Award 35806 that
" . . . claimant was not without control of the events." Further, as in Third Division
Award 35806, the Claimant could have had his vehicle weighed at a scale at the
Carrier's expense.
What this case boils down to is that the Claimant miscalculated his load as being
permissible under Ohio law. However, Rule 3250 clearly places the consequences of that
miscalculation on the Claimant. The result may seem unfair. However, the Rule is clear
and the Claimant had options to avoid the fine.
Based on the above, the claim is denied.
Form I Award No. 35807
Page 3 Docket No. MW-32852
01-3-96-3-189
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 14th day of November, 2001.