PUBLIC LAW BOARD N0. 3845
PARTIES TO THE DISPUTE
Brotherhood of Maintenance of )
Way Employees )
and ) Case No.
6
Award No. 6
Norfolk and Western Railway )
Company (Lake Region) )
STATEMENT OF CLAIM
'Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Crossing Watchman Melvin Gaines
for failing to protect his position was without just cause and
excessive. [Organization, File: MW-CGO-80-4(2)].
(2) Claimant Melvin Gaines shall now be reinstated with
seniority and all other rights unimpaired and compensated for all
wage loss suffered by him".
OPINION OF THE BOARD
Claimant Melvin Gaines was employed by Carrier as a
Crossing Watchman in Hammond, Indiana on the night of May 8-9,
1983. According to Claimant's testimony at the investigation
hearing held on May 17, 1983, he left his position at
approximately 3:15 a.m. to change a flat tire on his automobile
PLB 113845 Awd. #6
which, as a result, he had had to leave illegally parked.
Claimant never returned to complete his shift which ended at 7:00
a.m. because he had in the meantime been arrested by the Indiana
State Police for attempted theft of a tire and rim. During
Claimant's absence, a train went through the crossing which it
was his duty to protect. Other Carrier personnel were
fortunately able to issue a timely warning to the train.
Claimant's reason for abandoning his post is not
sufficient to excuse his absence. While he may have, intended to
return to his post within a brief period, the fact is that he did
not do so. He acted at his own peril when he left the crossing
tower imperiling thereby the lives of others in so doing.
Upon a careful review of all the evidence, this Board
finds that Claimant received a fair and impartial hearing and-was
afforded
full
due process. There was substantial evidence of
Claimant's guilt and the punishment of dismissal is neither
unreasonable nor excessive.
AWARD
Claim denied.
.2r
E. . bert, Neutral Member
. . Lyons, ar er Member K Harper, Employee Mem
er