- - Public 1.3w Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Dismissal of Foreman T. E. Wolfe was with
_OF
CLAIM: out just and sufficient cause and wholly dis
proportionate to the offense charged.
2. Claimant shall be reinstated with all
benefits and remedies proscribed in Rule 27(f).
FINDINGS: On August 23, 1977 a derailment occurred at
about 2:45 p:m. at a point where claimant's
gang were assigned to dig out one track tie
at a time, replace it with a new one in the
process of spotting cross ties under low joints
of track beneath an overhead bridge. Investi
gation established that the gang had installed
five cross ties without spiking them or cross
plates. These unspiked ties, according to the
-3Co3
~`.'D 12
investigation, permitted the rail to spread as the train passed
over it and caused the car to begin to derail.
While claimant had left the scene to have an
injury treated before the derailment took place, the investiga-,
tion also indicated to Carrier's satisfaction that much of the
work in question -- the installation of the five new cross ties
in one place that were not spiked or with plates -- was per
formed while claimant was on duty. Both claimant and E. E.
Drake, the employe placed in charge of the group while claimant
was away due to the injury, were dismissed because of the inci
dent. Drake subsequently accepted an offer to return on a
leniency basis as a Rank 6 trackman; claimant rejected a like
offer.
No valid ground is perceived for substituting
our judgment for that of Carrier in the present case. We will,
however, direct Carrier to offer claimant immediate reinstate
ment without back pay to a Rank 6 position with the proviso that
after three months satisfactory service tra that capacity, claim
ant may bid to a Rank 3 position.
AWARD: Claimant to be offered immediate rei tatement
without back pay,%,
to a Rank :6-position/and after three months
satisfactory service in that capacity shall be
permitted to bid to a Rank 3 position. Award
to be effective within 30 days of its adoption.
23 63 - Awo
I
Carrier member
Adopted at Louisville, Kentucky,
7>.-2 ce~4~ ~ io/ 1979.
Harold. Weston, h i n
Employe Member