Award No.
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0
Case No. 24
Public Law Board No. 3794
PARTIES Brotherhood of Maintenance-of-Way Employees
DISPUTE: and
CSX Transportation, Inc.
STATEMENT 1. The disqualification and forfeiture of
OF
CLAIM: seniority above the rank of Trackman and the six
months bidding restriction assessed Foreman
L. J. Thompson, Jr. was without just cause.
2. This seniority shall be restored, his record
cleared and he shall be paid for all wage loss
suffered and for all personal expense and travel
time incurred as a result of the disqualification.
FINDINGS: As Assistant Foreman, claimant was instructed to
take the surfacing unit of his T & S Gang to
smooth out defects between Mileposts 107 and 108
and to place a 30 mile per hour slow order between
those Mileposts beginning at 12:30 p.m. However,
claimant did not place a slow order as instructed.
He waited until 2:30 p.m. to place a slow order
and then placed it between the 108.5 to 108
Milepost, an area which he had not been called upon
to surface.
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3~9~
3D
This procedure on claimant's part was in direct
. violation of the second and third paragraphs of
operating Rule 1119. By taking it upon himself to
ignore instructions and adopt a different course,
claimant subjected Carrier operations to confusion
and disruption, and to unnecessary hazards.
We will not substitute our judgment for that of
Carrier in this sensitive area. The claim will
be denied. it is noted that claimant had
previously been suspended for 25 days for another
Operating Rule 1119 violation.
AWARD: Claim denied.
Adopted at Jacksonville, Florida, (hAr2!_1> ~~ , 1987.
G4' l ,'t i n
Harold Wes~Hairifian
Carrier Member p oyee Member
~~;:C~IVED't
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