Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT (1) The discipline (30-calendar-day suspension)
_OF
CLAIM: imposed upon Foreman P. D. Yates was without
just and sufficient cause and on the basis of
unproven charges.
(2) Foreman P. D. Yates shall be compensated
for all wage loss suffered.
FINDINGS: Investigation of a 12 car derailment near Irving
ton, Kentucky, established that several new
crossties had been installed in the track area
in question without rail anchors. As a result,
the investigation disclosed, the track buckled
and the train derailed.
Claimant was the foreman responsible for in-
stalling the new crossties. The evidence supports Carrier's
findings that he failed to install the anchors, despite the re-
~3~3-4wo~o
quirements of Rule 191 in that regard, and to issue a slow order
to alert trains passing over the trackage, although standing instructions called for a speed restriction in that situation.
The fact that tools to install anchors may not
have been at hand or that anchors had not been installed at that
location for some time does not relieve claimant from discharging
his responsibilities in this matter. It does not appear that
he took any measures to secure tools or issue a slow order.
AWARD: Claim denied.
Adopted at Louisville, Kentucky,
((~
1980.
,
Harold M. Weds on, Chairman
Carrier Member Employe Member