PARTIES Brotherhood of Maintenance of Way Employes
 TO and
 DISPUTE Union Pacific Railroad
 STATEMENT That the Carrier's decision to suspend
 OF CLAIM. Claimant from its service for a period of
 fifteen (15) days, plus complete five (5) days
 of A.D.E.P.T., was excesslve, unduly harsh and
 in abuse of discretion, and in violation of
 the terms and provisions of the current
 Collective Bargaining Agreement.
 That because of the Carrier's failure to prove
 and support the charges by introduction of
 substantial bona fide evidence,-- that Carrier
 now be required to compensate Claimant for any
 and all loss of earnings suffered, and that
 the charges be removed from his record.
 FINDINGS



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Catlett Road. Despite his attempt, he was unable to stop short of the crossing, slid 200 feet and collided with a private vehicle. Both vehicles went into the ditch. Consequently, he was charged with violating the following rules:

    General Notice Part C: Rules cannot be written to cover every possible situation that may arise in connection with each and every individual task connected with your work. Therefore, certain definite responsibilities rest upon you, mainly Part C: protection of the public. Suggestions from the employes intended to promote safety economy, and improve service are solicited and will receive consideration.


      General Rule A: Safety is of the first importance in the discharge of duty.


    Obedience to the rules is essential to safety and to remaining in service.


      The service demands the faithful, intelligent and courteous discharge of duty.


    General Rule B: Employes whose duties are prescribed by these rules must have a copy available for reference while on duty.


    Employes whose duties are affected by the timetable and/or special instructions must have a current copy immediately available for reference while on duty.


    Employes must be familiar with and obey all rules and instructions, and must attend required classes.


    If in doubt as to the meaning of any rule or instruction, employes must apply to their supervisor for an explanation.


    Rules must be issued, cancelled or modified by general order, timetable or special instructions.


    When authorized by the superintendent, general orders or special instructions may be cancelled, modified, or issued by train


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N 22S-1

 order Form Q or track bulletin.

 Effective April-27, 1986

 Rule 4000: Safe Course: In case of doubt or uncertainty the safe course must be taken: in all cases, the safest available methods must be followed.

 Rule 1419: Maximum Speeds: The maximum speed for operation on track is as follows, with reduction as necessary to ensure safety:

 hy-rail inspection vehicles 45
 MPH
 Crew-Cab pickups with hy-rail wheels 30
 MPH

 Roadway
 MPH
 One-man
 MPH

 Gang motor cars without trailers 25
 MPH
 Gang motor cars with push cars

 trailers attached
 MPH

 Hy-rail vehicles with GVW 15,000 pounds and greater must not exceed 25 MPH on tangent track.

 Where maximum freight train speed is lower, it will govern.

 Speeds should be reduced on curves and branch lines depending upon conditions.

 At night, speed must be reduced as conditions require.

 When rails are slippery due to frost or other causes, a greater distance is required to stop track car, and operator must take this into consideration.

 Speed of cars must be such that track car can be stopped in less than one-half the distance track is seen to be clear.

 Rule 1424: Grade Crossings: Track cars and on-track equipment must approach all grade crossings prepared to stop. If necessary, a man must flag the crossing to protect

 equipment 30

 motor cars . 30
                                      y22s_ ~


      movement of track car and on-track equipment.


      Rule 1450: Track Car Rules: When hy-rail or roadway equipment occupies track, track car rules will- apply.


      Following a formal investigation held January 15, 1988, the -

Employe was suspended from service for fifteen (15) days and
 required to complete five (5) days of ADEPT class.
 According to the Claimant's testimony, he knew the shunts -
 on his hy-rail were not working properly and not engaged. While
 he may have taken this into consideration, it is obvious he did
 not properly assess the speed at which he should have been
 traveling. His failure to do so resulted in a costly accident.
 Beyond this, it could have created great liability for his
 Employer. Even more importantly, his actions could have caused
 serious injury to the individual(s) in the private car.
 However, the Claimant's failure in this regard was more a matter =
 of bad judgment than a total disregard for safety. And
 unfortunately, as in this case, our mistakes are usually not
 brought to light until something negative happens.
 A review of the Employe's record, supports the Board's
 feeling that the Employe believed he was taking the necessary
 steps to operate safely. He has sixteen (16) years of service
 and an exemplary record. There is no indication the Claimant
 has ever ignored his responsibility to the Carrier. On the day

 of the accident, it is unlikely he was acting in any way __
 contrary to the pattern of behavior he has demonstrated during
 his tenure. One of the things taken into consideration by this

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Board in determining the appropriateness of the penalty, is whether or not the Carrier utilized progressive discipline in its treatment of an employe. The penalty issued should not only take into consideration the type of offense and the intent of the employe, but also the employe's tenure and employment record. For this reason, the Board feels a lesser penalty would have the same rehabilitative effect as a fifteen (15) day suspension.

                          AWARD


The Claim is granted to the extent the fifteen (15) day suspension and five (5) days of ADEPT are to be reduced to a five (5) day suspension and five (5) days ADEPT. The Employe is to be reimbursed for any wages and benefits lost in excessive of this amount.

                            ~Lo


                            Caro J amp rini

                            Nt~al

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Submitted:

 June 14, 1989
 Denver, Colorado

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