PUBLIC LAW BOARD NO. 2960
AWARD N0. 104
CASE NO. 150
PARTIES TO DISPUTE:
Brotherhood
of
Maintenance
of
Way Employes
and.
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) day suspension and disqualification as
a foreman assessed Foreman M. P. Cunningham for-allegedly
failing to properly protect track (flagging procedure)
was without just and
sufficient cause
and on the basis
of an unproven charge. (Organization File 3D-4588;
Carrier File 81-84-205-0).
(2) Claimant M. P. Cunningham shall be allowed the remedy
prescribed in Rule 19 (d).
OPINION OF THE BOARD
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning of
the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
On May 22, 1984, the Carrier directed the Claimant to attend
an investigation on the following charge:
PLB-2960 Award No. 104
"Your failure to properly perform your duties when you failed
to properly protect track work under your supervisor on
May 18, 1984 while you were employed as surfacing gang
foreman in the limestone area of the St. Louis subdivision."
Subsequently, the Carrier assessed the discipline now on appeal
before the Board.
After reviewing the record, it is the conclusion of the Board
that there is substantial evidence to support the charge against
the Claimant.
The Carrier's operating Rule E99(c), clearly requires that
under the circumstances present on the day in question, the Claimant, as foreman, was required to place, or have placed, a red flag,
reflector or light not less than 800 feet from the place the crew
was occupying the track, and a red-yellow flag two miles from that
point.
There was credible testimony that there were no flags placed
as required by the rule. Moreover, the testimony of the Claimant
failed to establish that he, in fact, had complied with the rule.
Regarding the appropriateness of the discipline,~the seriousness of the offense cannot be ignored. The basic safety of one's
crew is of utmost importance. The rule in question here is
designed to provide protection for the crew, and failure t0 comply
places employes at great risk. Thus, the Carrier's exercise of its
disciplinary discretion, in view of the willful violation of the
rule, is not unreasonable.
PLB-2960 Award No. 104
AWARD:
The Claim is denied.
ernon, airman
arper, mp omber ar ~~ n, /arrier Memoer
Dated:
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