Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37870
Docket No. SG-38057
06-3-03-3-460
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Springfield Terminal.
Claim on behalf of W. J. Santini, for removal of excessive discipline
of a 45-day suspension from service against the Claimant, account
Carrier violated the current Signalmen's Agreement, particularly
Article 19.1 when it failed to provide the Claimant with a fair and
impartial hearing evident when it issued excessive discipline against
the Claimant as a result of an investigation held on November 5,
2002. Carrier's File No. S-02-03. General Chairman's File No.
WHK-232-012-1002. BRS File Case No. 12707-ST."
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.
Form 1 Award No. 37870
Page 2 Docket No. SG-38057
06-3-03-3-460
Parties to said dispute were given due notice of hearing thereon.
On November 15, 2002 the Carrier issued the following letter of discipline:
"Reference to a recent investigation hearing conducted on your
behalf on Tuesday, November 5, 2002 at 1000 hours in the training
room at the East Deerfield, MA. mechanical facility.
The intent of this investigation hearing was to determine your
responsibility, if any, for the alleged violation of N.O.R.A.C. Rule
#138-C and C&S Policy Memo 3A.
As you are well aware, on Monday, October 7, 2002, your failure to
comply with N.O.R.A.C. Rule #138-C and C&S Policy Memo 3A
resulted in a crossing activation failure for train ED-2 at Elm St.
Deerfield, MA. Mileage 28.39 on the Conn. River Main Line.
With regret, I must inform you that the Carrier was successful in
sustaining the charge. As a result of your actions you have been
assessed a forty-five (45) calendar day suspension, (this includes time
served since being taken out of service on October 7, 2002), and a
permanent restriction from holding a position above that of a Class
4 signalman. You must also complete a re-training in C&S Policy
and Operating Rules upon your return to work."
At the Investigation the Claimant admitted that he did not properly maintain
the crossing protection at Elm Street in Deerfield, Massachusetts. Fortunately, a
serious accident did not occur.
This was the second time in 17 months that the Claimant made the same
error. When grade crossing protection does not work it puts not only fellow
employees at risk, but the general public as well.
The Carrier met its burden in proving the Claimant violated its Rules. There
is no basis for the Board to change the discipline assessed in this case.
Form I Award No. 37870
Page 3 Docket No. SG-38057
06-3-03-3-460
AWARD
Claim denied.
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 lst day of August 2006.