Award No. 57
Case No. 113
Public Law Board No. 2363
PARTIES
TO
DISPUTE:
STATEMENT
0rCLAM:
FINDINGS:
Brotherhood of Maintedance of Way Employes
and
Seaboard System Railroad (former L&N Railroad)
Flagman R. L. Williams shall be reinstated and
compensated for all wage loss suffered.
On October 24, 1983, claimant was assigned to provide flag protection for a private contractor which
was performing bridge construction work near Mile
Post 81.6. There is substantial credible evidence
in the `record consisting in the main of testimony
by Roadmaster Collins, that instead-of being alert
for train movements, claimant appeared to be asleep,
sitting on the ground, with his head propped on his
knees, between two pieces of heavy equipment. According to the testimony, claimant did not react
when Mr. Collins shouted at him and did not raise
his head until the contractor's foreman shook his
leg several times. Mr. Collins testified that
claimant's eyes had been closed and that he rubbed
them a few times after he arose.
<2
3~3
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Claimant denied sleeping and testified that he sat
down for a few minutes because he was "feeling a little poorly." He
did not maintain any illness at the time of the incident, but subsequently submitted a 'doctor's note indicating that he had been examined
and treated in Dr. William Brackett's office for "acute gastroenteritis"
on the day in question.
We find no persuasive ground for substituting our
judgment for that of Carrier in this matter. Its findings are supported
by substantial and credible evidence.
In determining the measure of discipline, it was
appropriate for Carrier to consider the sensitive nature of claimant's duties and the fact that he had previously been suspended twice
for neglecting to perform his work in a proper manner. Carrier
shoulders enormous responsibilities for safety and must be able to
rely on its flagmen to be alert and provide vigilant protection.
AWARD:. Claim denied.- ,
Adopted at Jacksonville, Florida, January ,&, 1985.
7
Harolct/M =-Weston, Chairman
Employee Memb