PUBLIC LAW BOARD NO. 249
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
vs.
NORFOLK AND
WESTERN RAILWAY
CO.
STATE
MENT OF
CLAIM:
1. Carrier failed to sustain its charges against Section Foreman Fred
Vanek that he was in violation of certain specified rules of the Carrier's
Operating Rules on May 15, 1968, when the derailment of Train TC-1 occurred
at South Broadway grade crossing, Geneva. Ohio.
2. The Carrier shall now make whole, Section Foreman Fred Vanek for
all wage loss suffered by him and that his record be cleared of these
charges, with all other rights unimpaired.
OPINION OF BOARD:
While the evidence discloses that Claimant Vanek bore some responsibilit·,
in connection with the derailment, we are of the view that a sixteen month
disciplinary suspension was an excessive penalty under the circumstances. A
six month suspension was a sufficient penalty for claimants
dereliction.
The award will so hold.
AWARD:
Claimant's suspension shall be reduced to a duration of six months and.
he shall be made whole for pay lost beyond that period.
ORDER:
Carrier shall comply with this award within 60 days from the date
thereof .
. ... ,~`w°~
lf
~Jsc,c.(~iJ
I: oyd F, Bailer, Chairman
2iLt~u
E. G. Psollay Carrier Member
A.`U.
Qunningham,,iBmploye^Member
Dated: December 31, 1971 i/
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