AWARD NO. 412
Case No. 446
PUBLIC LAW BOARD NO. 1582
PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
TO )
DISPUTE) BROTHERHOOD MAINTENANCE OF 11 'AY EMPLOYEES
STATEMENT OF CLAIM: Carrier's decision to remove former Albuquerque Division Trackman R. L. Ketring from service, effective March
27, 1987, was unjust.
Accordingly, Carrier should be required to reinstate Claimant
Ketring to service with his seniority rights unimpaired and compensate him for all wages lost from March 27, 1987.
FINDINGS: This Public Law Board No. 1582 finds that the parties
herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended, and that this Board has jurisdiction.
In this dispute the claimant was notified to attend a formal investigation in Winslow, Arizona on April 13, 1987 concerning his
allegedly fouling the detector section at East Gallup without
authority of the dispatchers and disabling the signal appliances
so that the signals at East Gallup would not display stop indication on March 26, 1987, and to determine the facts and place the
responsibility, if any, involving possible violation of Rules 1,
2, 4 and 14, General Rules for the Guidance of Employees, Form 2626
STD., and several other rules. Those rules were set forth.
The investigation was held on April 13, 1987, and pursuant thereto
the claimant was found guilty and was dismissed from the service of
the Carrier.
At the outset the Union contended that the Notice of Investigation
to the claimant was not a proper notice because it did not apprise
the claimant of the precise nature of the charges being brought
against him. The Board has reviewed the charges and finds they
are sufficient to adequately and precisely advise the claimant of
the nature of the charges.
The claimant was assigned as foreman on the East Gallup Section
on March 26, 1987. The transcript contains 60 pages of testimony.
The testimony of every witness has been reviewed. The exhibits,
including the discipline record of the claimant, which was a poor
record, have been considered.
The evidence establishes that the claimant had taken the east long
lead out of service with Assistant Trainmaster No. 1 at Gallup.
He had also spiked the switch from the north main track to the
east long lead out of service. He failed to notify the dispatcher.
Also the claimant had received track-time and limits on the north
main track between East and West Gallup twice and had never received track time and limits at West Gallup.
Award No. 412
Page 2
The claimant testified that he instructed the Burro Crane Operator
to go east of the holding signal which fouled the detector section
at East Gallup. The claimant admitted that the Burro Crane could
have fouled the north main track.
Welder Nex testified that the claimant had instructed him to work
on the east long lead, east of the holding signal at East Gallup.
The evidence stablishes that two trains were delayed on March 26
because the block signal displayed red.
Under the circumstances involved herein the evidence is sufficient
for the Carrier to find the claimant was guilty as charged. However, in view of all the circumstances existing herein it is the
opinion of the Board that permanent dismissal is too severe. The
Cafrier is directed to reinstate the claimant with seniority and
all other rights unimpaired but without pay for time lost. The
claimant's discipline record will stand at 55 demerits upon his
reinstatement.
AWARD: Claim sustained as per above.
ORDER: The Carrier is directed to comply with this award within
thirty days from the date of this award.
Preston J. Moore, Chairman
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