PUBLIC LAW BOARD NO. 2778
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF-WAY EXPLOYES
-and-
BALTIMORE AND. OHIO RAILROAD COMPANY
Statement of Claim:
Track Foreman D. J. Cross and Class "A" Operator
H. A. Carr be allowed the remedy of Rule 48(e) because of
Carrier's violation of Rule 48 when assessing discipline
against them.
Findings:
On August 18, 1978, Extra 4049 West struck on-track
equipment used by the two claimants. That equipment was
not located at the time within the authorized work limits
that were carefully spelled out in the order obtained by
Track Foreman Cross.
The fact that the train may have been proceeding at
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2.
an excessive .rate of speed does not relieve the foreman
from his responsibility to comply with his work order and
stay within authorized limits. His failure in that regard
is based on uncontroverted evidence and we find no ground
for setting aside the discipline imposed on him.
He was not charged with any offense until after
he had appeared as a witness in a hearing concerning the
role played by the train crew in the accident. However,
this fact does not constitute reversible error under the
present circumstances, particularly since findings are based
on undisputed testimony and no reversible error exists.
No valid basis is perceived for Operator Carr's
discipline. He followed the unambiguous instructions of
his foreman.
Award: Claim sustained as' to H. A. Carr; denied as
to D. J. Cross to be effective .within thirty (30) days.
Adopted at Baltimore, Md.
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Harold M. Weston, Chairman
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Carrier Member Employe Member