PUBLIC LAW BOARD N0. 2960
AWARD N0. ,~g
CASE N0. 58
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 assessed Foreman T. Wybourn and
Machine Operator R. D. Clayton "for damage caused to signal
wires by Burro Crane in Sterling, Illinois, on September 22, 1981"
was without just and sufficient cause, unwarranted and excessive.
(Organization's File 3D-2483; Carrier's File D-11-1-472)
(2) Foreman T. Wybourn and Machine Operator R. D. Clayton shall have
their respective records cleared of the charge and be compensated
for all wage loss suffered.
OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence, finds and
holds that the Employe and the 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 September 23, 1981, the Claimants were jointly directed to attend
an investigation on the following charge:
"Your responsibility for damage caused to signal wires by
Burro Crane in Sterling, Illinois on September 22, 1981.".
PLB - 2960
Awd. 1#59
The investigation was held after a postponement on October 13, 1981. On
October 16, 1981, the Claimants were assessed the discipline now on appeal
before the Board.
A review of the transcript convinces the Board that both Claimants
bore a responsibility in the accident. There is simply no evidence to
indicate that the accident was caused by anything other than lack of close
observation by the Operator and the Groundman who were assigned for such a
purpose.
The remaining question relates to the quatum of discipline. The
Organization argues it is excessive. Thirty days is certainly a firm penalty.
However, few accidents with a crane can be viewed as more serious than a
collision with overhead wires. The potential danger of such an accident can
hardly be questioned.
In view of the foregoing, the Claim will be denied.
AWARD: The Claim is denied.
-G7 Vernon, Chairman
Rarper,- mp oye em er
Dated: un
Crawford, arrie~er-