PUBLIC LAW BOARD NO. 249
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
vs. .'
NORFOLK AND WESTERN RAILv1AY CO.
STATEMENT OF CLAIM:
1. The Carrier failed to sustain its charges against Section Foreman
Albert R. Azzano that he was in violation of certain specified Carrier
O.-erating Rules on May 15, 1968, when the derailment of Train TC-1
occurred at South Broadway Street grade crossing, Geneva, Ohio.
2. The Carrier shall now reimburse Section Foreman Albert R. Azzano
for all time lost while serving a twenty days actual suspension and that
his record be cleared.
OPINION OF BOARD: .
The evidence does not sustain the charge that Claimant Azzano
committed a dereliction of duty which contributed to the derailment
in
cuestion. Moreover, at about Noon--approximately.two hours before the
derailment occurred--claimant checked the track and found it in satisfactory condition. The claim will be sustained
APIARD:
Claim sustained.
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Lloyd H,iBailer, Chairman
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All
E. G. Psolla, Carrier Membe A. J. C ningham,
Embl
ye Member
Dated: July
/3,
1971