Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. Demotion of Track Repairman W. B. Neville
OF
CLAIM: from Rank 1 to Rank 3was without just cause
and on the basis of unproven charges.
2. Claimant's seniority in Rank 1 shall be
restored unimpaired and he shall be reimbursed
for any and all monetary loss suffered from
the date of demotion to the date his seniority
in Rank 1 is restored.
FINDINGS: After a hearing had been held in the matter,
claimant was demoted from Track Foreman to Rank 3
for leaving track that he worked on in an unsafe
condition. No reversible procedural error is
found in the record.
On the night in question, claimant had been in-
sLructed to have his gang install switch ties in the south end
' 2
of the shop track switch at Radnor Yard in Nashville.
A derailment occurred after the gang had left
work. According to Foreman Anderson and Assistant Roadmaster
Phillips, their investigation established that it resulted from
tight gage which caused equipment as light as a caboose to be
derailed. From their testimony, it appears that the rail on the
new ties had been spiked too tight.
No justification is perceived for disturbing
Carrier's findings or disciplinary action, particularly in view
of the expertise of the above named witnesses and its responsibility for operating the railroad in a safe and efficient
manner.
AWARD: Claim denied. -
Adopted at Louisville, Kentucky,
~yH,i ti.2t(
'7j
19 8o .
" Harold'M. Weston, Chairman
Ca ier Member Employe Memb r