PUBLIC
LAW BOARD NO. 6850
PARTIES TO DISPUTE:
STATEMENT OF CLAIM,.*
Award No.
Case No. 373
(Brotherhood of Maintenance of Way Employes
(The Burlington Northam Santa Fe Railroad (Former
(ATSF Railway Company)
The gamier violated the Agreement
when Claimant K. A- McKeever
(18181 ) was issued a Level S 30-day Record Suspension with three
dears probation far violation of Mt1iOR 6.50.2 Approaching Road
grassing an July 8, 2009 concerning alleged failure to approach
grade crossing prepared to stop and yield causing a track collision
and damage to
vehicle. The Claimant should loos paid fiat all warms
last and made whsle
commencing July 10, 2009 and continuing
forward antor otherwise made whale.
As a consequence of the violation referred to in part I the Carrier
shall immediately correct the
Claimants discipline records and make
Claimants whole far all time last,.
upon the whale record and
all the evidence, the Board finds that the
parties
herein are Carrier and Employee within the
meaning of the Railway Labor Act, as
amended. Further, the Board Is dull constituted
her
Agreement has jurisdiction of the
Parties ai*.the subject t matter, and the Parties to this dispute were
liven duet nodes of
the hearing thereon.
On July 8, ZCi, Claimant at a highway crossing was
hit by act automobile causing
extensive damage to both vehicles.
Upon receipt of the news about the accident and after a
took at both vehicles, the
Carrier convened an Investigation with Claimant being the principle.
This Board read the transcript ,and in its
opinion, the
car hit the rail vehicle.
Claimant said he looked bath wars twice as a car
from the north
direction caused
PLB NO. 5850
page Z
him to wait until it cleared. Claimant did not see the
vehicle that
hit his machine.
The Board finds Claimant took a positive movement
on the
crossing. This Hoard
fans to understand huw Claimant could do more than he did. The car struck him.
There is a lack of facts establishing that Claimant could do more to
protect
himself and the company vehicle he was driving.
AWARD
Award N0.
Case No. 373
Claim sustained.
ORDER
This Board, after consideration
of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) ke made. The Carrier is ordered to make the
award effective on
of
before 30 days
following the date: the award is adopted.
/UX
911d,
k
2-
Robert i... Hicks, Chairman & Neutral Member
Caved D. Tanner, For the Employees
Dated:
/I
Aq/to
Samantha Rogers, For