' PUBLIC LAW BOARD N0. 3765
· CONSOLIDATED RAIL SYSTEM FEDERATION
· BROTHERHOOD
OF
MAINTENANCE
OF
WAY EMPLOYES
Parties : : . Case No. 25
to the
VS.
Award No. 22
Dispute
· GRAND TRUNK WESTERN RAILROAD COMPANY
STATEMENT OF
CLAIM
The 14-day suspension assessed Tracl®an C. J. Pratt was excessive and unjust particularly in light of the fact that
a foreman was present and made no effort to contact the
dispatcher or flag.
Claimant C. J. Pratt shall be exonerated of the charges
and compensated for all lost earnings, including overtime,
and his personal record shall be expunged of all reference
to the charges.
OPINION OF THE BOARD
Claimant C. J. Pratt, was assigned as a Trackman at Lansing,
Michagan. On March 12, 1986, he was charged as follows:
..to determine your responsibility, if any, for violation
of
_2_
Grand Trunk Operating Rule F, which reads: Accidents, failure in the supply of water or fuel, defects in track, bridges, signals, or any unusual
condition which may affect the movement of trains
or engines must be promptly reported by the quickest available means of communication to the proper
authority, and necessary protection provided. In
case of injury to persons, the names and addresses
of as many witnesses as possible must be obtained.;
And Safety Rule 3355, which reads: When clearing
track, leave tool, material, equipment or other
object so it will not be struck by train or equipment.;
GT Safety Rules Notice A: Safety is of the first
importance in the discharge of duty.; Notice B:
obedience to the Rules is essential to safety.:
Notice C: To enter or remain in the service is an
assurance of willingness to obey the Rules.; and
Notice D:- Employees to whom these rules apply
shall: 1. Be furnished a copy and have it accessible when on duty. 2. Study the Rules. 3. Know
and understand their application. 4. Obey them
while on duty or on Company property. 5. Immediately call to the attention of a fellow employee,
any action not in compliance with the Rules.;
Also GT General Rules, Rule 7: In all cases of
doubt or uncertainty, the safe course must be taken.;
and Safety Rule 3350 (c): Clear track at least
15 seconds before train reaches point of work.
This is in connection with accident involving Amtrak
64 hitting 8 39-foot, 100 pound rail that you were
dragging across Millett Road, Mileage 216.19, Lansing,
Michigan, on Tuesday, March 11, 1986, at approximately
1420 hours, and your alleged failure to immediately
contact the Train Dispatcher and advise him of track
obstruction at Millett Road.
37 G.S-;?--
A hearing was held in the matter as scheduled. As a result
of that hearing, Claimant was found guilty as charged and assessed
a 14-day suspension.
This Board has reviewed the record and can find no basis
on which to modify the discipline imposed in this instance.
AWARD
The claim is denied.
R. E. Derinis, Neutral Member
t
Brien, Carrier Member LaRue, Employe Member
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