PUBLIC LAW BOARD NO. 3765.
Parties BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
to the . Case No. 31
Dispute
VS.
' GRAND TRUNK WESTERN RAILROAD COMPANY '
STATEMENT OF CLAIM
The decision of the Carrier to suspend Claimant
T. K. Runyon from service for ten (10) working
days and to suspend his foreman and assistant
foreman rights for sixty (60) days was unwarranted,
on the basis of unproven charges and in violation
of the Agreement.
Claimant Runyon shall be compensated for all
wage loss suffered as a result of the above-re- -
ferred to suspensions.
OPINION OF THE BOARD
Claimant T. K. Runyon was, at the time of the incident that gave
rise to this case, employed as a Production Foreman.on a rail gang
working on the west bound main line, South Bend Subdivision, near milepost 138.3. Mainline trackwork is protected by Form Y train orders.
On June 3, 1987, two Trackmen in Claimant's crew placed the red board
376 3I
_2_
for eastbound trains at MP 137.4, instead of mile post 138, as specified on Form Y order 1441. Because of the misplaced signal, the Engineer
of an eastbound train made an emergency stop so that he would not go
by the red board. Some of his crew were injured. As a result of the
incident, Claimant was charged with a violation of the rules and procedures governing Form Y train orders. A hearing into the matter was
held. Claimant was found guilty as charged and assessed a ten-day
suspension. He was also suspended from his Foreman and Assistant Foreman position for 60 days.
This Board has reviewed the record and agrees with Carrier that
Claimant was guilty of a serious rule infraction and that severe discipline was warranted. The Board, however, does not agree that Claimant
should be reduced in rank for 60 days and suspended for ten days. Carrier
has made its point with the reduction in rank and Claimant should be
reimbursed for the ten days he lost as a result of the suspension.
AWARD
The claim is sustained per Opinion of
the Board. Claimant shall be reimbursed for ten days.
R. E. ennis, Neutral Member
Jo. A. DeRoche, crier Member W. '. LaRue, Employe Member
3-$-9_O
Date of Adoption