. PUBLIC LAW HOARD N0. 3765
s
· CONSOLIDATED RAIL SYSTEM FEDERATION
· BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Parties : Case No. 23
to the
Vs,
: Award No. 20
Dispute ,
· GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF CLAIM
The discipline assessed Track Foreman R. C. Franklin
was without just and sufficient cause and a violation
of. the collective bargaining agreement.
The Carrier shall restore Claimant R. C. Franklin to
his original seniority dates as a track foreman and
assistant track foreman, without loss of compensation,
including overtime, from December 30, 1985.
OPINION OF THE BOARD
Claimant R. C. Franklin was assigned as a Track Foreman at Lansing,
' Michigan. On December 12, 1985, a derailment occured on the Millett
pass:- It was determined that the derailment was caused by wide gauge
due to a deteriorated tie conditions and one new tie spiked at 58
inches.
37(,~- a°
On December 13, 1985, Claimant was charged as follows:
...to determine your responsibility, if any, for failure
to perform your duties as a foreman in taking proper
remedial action on your Yard Switch Inspection Reports
of August 26, 1985, and November 27, 1985, resulting in
derailment AX-238-0 on the Millett Pocket at Lansing,
Michigan at approximately 0300 hours on Wednesday,
December 12, 1985, derailing six cars.
A hearing was held on December 18, 1985. On December 30, 1985,
Claimant was notified that he was found guilty and would be required
to forfeit his Foreman and Assistant Foreman seniority rights.
After a review of the record, this Board finds that the complete
loss of seniority in this instance to be a far more severe penalty than
is necessary for Carrier to make its point. We therefore direct that
Claimant be reinstated to his former seniority position on both the
Assistant Foreman and Foreman rosters. He shall not be paid for any
lost work opportunities.
AWARD
Claim is sustained per Opinion of
the Board.
ien, Carrier Member
1--30-y
Date of Approval '
.4.
, A
AAo4A-A-r
Dennis, Neutral Member
LaRue, Employe Member