~ e-




                                Docket No. 135

                                Carrier File MW-DECR-91-02-LM-03


          Parties Brotherhood of Maintenance of Way Employes

          to and

          Dispute Norfolk and Western Railroad Company

          (former Wabash)


          Statement

          of Claim: Claim on behalf of R. V. Parker for pay for time lost,

          reinstatement of operator rights, and the difference in pay

          for all time worked at a lower rate as a result of his

          dismissal as a Group #1 Prior Right Machine Operator and 30

          day suspension resulting from the locomotive crane he was

          operating striking an overhead highway bridge on January 8,

          1991.


          Findings: The Board has jurisdiction by reason of the parties

          Agreement establishing this Board for that purpose.

          Crane Operator, R. V. Parker, on January 8, 1991, was

          operating a Carrier-owned locomotive crane over the rail

          from the east end of the South Liberty siding toward Hardin,

          a distance of approximately 33 miles. On this route, the

          crane was required to pass under an overhead state highway

          bridge at Milepost 325.43 near Henrietta, MO. As the crane

          passed under the bridge at approximately 1:30 PM, the boom

          of the crane hit the structure, bending several components

          therein. The Claimant instructed another employee to

          contact the State Highway Department and advise them of the

          incident. He continued to move the crane onto Hardin where

          about 3:00 PM, he contacted a Carrier officer and reported

          the incident.

          An investigation was held in connection therewith and

          as a result thereof, Carrier concluded the Claimant to be

          guilty of the charge placed against him. He was demoted or

          dismissed as a Group #1 prior right Machine Operator and was

          suspended from service for 30 days.

          Claimant has been employed with Carrier for 26 years.

          He has been a Crane Operator for 9 years.

          The Carrier concluded that the Claimant had violated

          Rule 1559. which requires that:

          "Operators and/or pilots or boom-type cranes must be sure

          that in the boom where there are overhead bridges or other

          obstructions before attempting to pass beneath

          obstructions."

                                  0Ld /760


                        -2- Award No. 135


        Also Rule N which, in part, reads:


                        0


        "Every accident resulting in... damage to property must be reported to the proper authority by the quickest communication available, and a written report on the prescribed form must be submitted promptly."


          The Claimant was accorded the due process to which

        entitled under Rule 30.


        There was sufficient evidence adduced including Claimant's statements and admissions against interest, to support Carrier's conclusion of culpability as to the violation of the rules cited above. Claimant's statement at T-3, and confirmed at T-18, in part reads:


        "Operator R. V. Parker stated reason for contact with crane and overhead bridge was account of incorrect estimation 'of the height of the boom and the height of the bridge structure."


        The Claimant has been employed for 26 years. He has been a crane Operator for 9 years. The length of time that the Claimant has been disqualified undoubtedly has, by now, served its purpose. The Board herewith restores his Crane Operator's seniority. The claim is otherwise denied.


Award: Claim disposed of as per findings.

        Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.


          4


S7. . ammonfJ r., Employee ember L. . . Miller, Jr -,e~er Member

                      an art, airman ,-

                  and Neutral Member


                  Issued January 21, 1993.