PUBLIC LAW BOARD NO. 3558
PARTIES)' BROTHERHOOD
OF
MAINTENANCE
OF
WAY EMPLOYES
TO )
DISPUTE) SOUTHERN PACIFIC TRANSPORTATION COMPANY (EASTERN LINES)
STATEMENT
OF
CLAIM:
"Claim on behalf of B&B Foreman P. C. Simms for forty (40) hours
pay at B&B Foreman's respective pro rata rate and his work record
cleared of the alleged charges of violating Rule 202-B."
(MW-83-70/394-34-A)
FINDINGS
:
The Board, after hearing upon the whole record and all the evidence, finds
that the parties herein are Carrier and Employee respectively within the meaning
of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.
The record shows that Claimant had admitedly failed to comply with Rules
and Regulations for the Maintenance of Way and Structures Department while
working as a Bridge and Building Foreman within Centralized Traffic Control
limits on March 18, 1983. He wrongfully assumed it was not necessary he take
precautionary measures to protect against rail traffic because he had what are
termed "work limits and clock time limits" from the Train Dispatcher.
.It is unquestioned that the Train Dispatcher was negligent in his failure to
permit 'a train to enter the B&B Foreman's work limits, resulting in the train
striking a crab car which was on the track. However, the Train Dispatcher's
negligence, for which he was disciplined, in no way excused Claimant of responsibility to fully comply with the dictates of Rule M-202-B, which, in pertinent
part provide as follows:
"Within C.T.C. limits ...after work limits and clock time limit
have been obtained, foreman must lock selector lever in hand
position or remove switch machine crank from crank holder of
dual control switch at either end of the entrance to the work
limits and switch must not be returned to motor position until
track is made safe for passage of trains..."
In view of the seriousness of Claimant's failure to have either provided for
locking the selector lever in hand position or removing the switch machine crank
from the crank holder of the dual control switch at the entrance to the work
limits he had been given, there is no basis for distrubing the discipline assessed.
Merely because others have a responsibility to ensure protection of a track area
does not mean that rules and regulations which act as a check or balance to
further ensure such protection are to be lightly treated or disregarded by employees subjectto such rules and regulations.
Award No. 5
PLB No. 3558 - 2 - Case No. 5
As indicated above, since we do not find that Claimant is entitled to have
the seriousness of his offense mitigated because of the Train Dispatcher's error,
the claim will be denied.
AWARD:
Claim denied.
Robert E. Peterson, Chairman
and Neutral Member
C. B. Goyn arrier Member M. A. Christie, Employee Member
San Antonio, TX
June
IG, 1984