Public Law Board No. 3794
Parties to Dispute:
Brotherhood of Maintenance
of Shay Employees
and
Seaboard System Railroad
Statement of Claim:
1. The Letter of Reprimand placed on the personal
file
of
Machine Operator C. Glisson was without just and
sufficient cause.
2. Claimant Glisson's record shall now be
cleared of the Letter of Reprimand:
Findings:
Claimant entered Carrier's service on October 23,
1978.
On December 13, 1983, Claimant was instructed to
take his machine, an Undercutter, to another location since
it could not be used that day due to a defective bearing.
His instructions were to bring the Undercutter south to a
switch at MP 782.3 where, he was informed, a ballast.regulator
operated by L. Jackson was working north. It was contemplated
that upon arrival at that point, the two machines would be
brought to Parker Lumber Switch where they would be tied up
for the night.
At MP 782, Claimant saw the ballast regulator five
or six rail lengths ahead. He did not sound his horn or bring
PLB-3794
Award #14
the machine to an immediate stop by removal of his foot from
the gas. Both machines were equipped with a dead-man switch.
Claimant was operating the Undercutter at three to four miles
per hour and Jackson's machine was proceeding at about three
miles per hour.
A collision occurred between the two machines and,
after a hearing was conducted in the matter, both operators
and Claimant's foreman were issued formal reprimands.
Petitioner points out that the accident occurred
-while the machines were rounding a curve and that visibility
was poor. It maintains that no basis exists for Claimant's
discipline.
Petitioner's contentions and the Undercutter's
bearing defect notwithstanding, we are not persuaded that
this Board should substitute its judgment for that of Carrier -
in this setting. Claimant was familiar with the condition of
his machine and was a trained mechanic. He did not stop the
Undercutter when he saw it five or six car lengths before him
although he could have done so in less than a car length.
In limiting discipline to a reprimand, Carrier took
Claimant's good record of five years service under consideration.
Award:
Claim denied.
Adopted at Jacksonville, Florida
~ 6~,
1985.
Harold M.
WeCto
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