At,?ARO N0 . 3
Case No. 3
PUBLIC LAW BOARD N0. 2155
PARTIES) SACRA1',LENTO NORTHERN RAILWAY
TO )
DISPUTE) UNITED TRANSPORTATION UNION
STATEa2ENT OF CLAIM: Claim is
made in behalf of Brakeman H. W.
Fillerfo~r
re
ns tatemeht of operating rights on the Atchison,
.opeka and Santa Fe-Sacramento Northern joint tracka e, removal
of twenty (20) demerits assessed
against
his persona record,
and payment for all time lost as a result of formal investigation
held April 5, 1979.
FINDINGS : This Public Law Board No. 2155 finds that the parti:7s
herein 're Carrier and Employee within the meaning of the Railway
-abor
Act,
as amended, and that this Board
has
jurisdiction.
In this dispute tae claimant was the head brakeman of Train Extra
;YT-2005 East to Sacramento via Stockton. At approximately 2:00
p.m. on the claim date the
claimant's
train began pulling out on
the Atchison, Topeka and Santa Fe main line from the east end of
the
Dow running lead which is
located at Pittsburgh, California.
The claimant's train had train order authority.
At 2:05 p.m. the Atchison, Topeka and Santa Fe Extra East 3369,
coming from behind, collided with the 14th car in the claimant's
train
which
resulted in a derailment.
The claimant was subsequently cited for a formal investigation,
and-pursuant
to
the
investigation
the
claimant brakeman was
issued
twenty dewerits and was barred from operating
on
the Atchison,
Topeka and Santa Fe-Sacramento Northern joint tracks.
This barwent
from operating on the track was a result of the actions of
the Atchison, Topeka and Santa Fe Railroad.
It goes without saying that this is a rather complicated case.
There were actually three trains involved, the claimant's train,
a Santa Fe road switcher, and Santa Fe Train 3369 East. Needless
to say, there is a great deal of conflicting testimony as to
exactly what occurred.
However, the evidence is clear that the crew of
Santa Fe Trairi
3369 East was waiting for the road switcher to get in the clear
for the reason that train orders indicated they had 15 minutes
to make a meet with anotizer train at Knightsen, some 13 miles
ea3tward. The evidence further indicates that the road switcher
and Train 3369
East had radio communication with each other.
Award No. 3
PLB No. 2155
Page 2
The record also indicates that Santa Fe Train 3369 collided with
the 14th car in the claimants train which places it approximately
600 feet from the head engine. This evidence certainly indicates
that Train 3369 East had to bear a substantial part of the burden
in the cause of the collision. The claimant and his crew did not
have radio equipment and were not privy to the radio conversation
between the two Santa Fe trains.
It goes without saying that the Board has carefully reviewed Rule
319, and it appears to-the Board there was no violation of this
rule by the claimant crew. The evidence strongly indicates that
the claimant crew was no more guilty than the
crew
of
Train 3369
East, which received no discipline.
It is recognized that a liability factor was involved in this
case, but this issue is not before the Board. However, such a
factor could have an influence upon the
findings of
the investigation. The Board finds that the
discipline
assessed
should be
set aside.
The Board also feels mandated to take this opportunity to
discuss
the subject matter of a foreign Carrier who has granted trackage
rights to this Carrier barring one of this Carrier's employees
from operating over the trackage. Such foreign Carrier does not
have that right nor prerogative. The trackage agreement
between
the parties, Paragraph 12, provides:
"QUALIFICATION OF SACRAtMNT0 NORTHERN EMPLOYEES. All
employees of Sacramento Northern engaged in or connected with the operation of trains, engines or cars
on the Red Track shall be required-to pass examinations, to be made by a supervisory officer of Santa
Fe, on the Operating Rules and Regulations of Santa
Fe, and to pass such examinations as to their mental
and physical fitness as provided for in Sacramento
Northerns' schedule agreements covering such employees.
Santa Fe shall supply Sacramento Northern's employees
with necessary books of rules and Sacramento Northern
shall pay Santa Fe the sum of $1.00 for each such book
of rules so supplied."
Consequently the only right of the Atchison, Topeka and Santa Fe
Railroad in the instant case is to prohibit an employee from this
Carrier from operating
on such
trackage if that employee fails to
pass the required examinations.
In the instant
case the claimant employee was barred from operating over this trackage for a period of time. At a later point
in ti.-ae the disbarment was lifted provided
the claimant could
satisfactorily pass the examinations on the operating rules and
regulations
of the Atchison, Topeka and Santa Fe Railroad.
PLB No. 2155
Awoz 3
*.Io
. 3
Paoe 3
for
that reason the claim will be sustained for the loss that
the claimant suffered as a
result of being barred fron
Santa Fe
trackage
until the disbarment was offered to be lifted by the
Santa Fe providing the
claimant passed
the
examinations.
The
20 demerits
assessed
to the claimant will also be removed from
his record, and the claimant will be paid for time lost attending the investigation held on April 5, 1979.
AWARD: Claim sustained.
C?RD-F.R: The Carrier is directed to comply with this award within
trty days from the date of this award.
'Preston J. Moorg, Chairman
;?~5 -
rganization Member
,ka
I
Zarrier
Member
Dated this 17th day of February 1981.