PUBLIC LAW BOARD
NO. 4402
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) BURLINGTON NORTHERN RAILROAD COMPANY
STATEMENT
OF
CLAIM
1. The five (5) days
suspension imposed
upon Laborer V. K. McCann
for alleged "... violation of Safety Rules and General Rules of
Burlington Northern Railroad, No's, 336 B, 336 C, 336, 338 and
346" was without just and sufficient cause, an abuse of discretion
and on the basis of unproven charges (System File #7 Gr./GMWA
86-12-22E).
2. The Claimant's record shall be cleared of the charges leveled against
him and he shall be compensated for all wage loss suffered.
OPINION
OF
BOARD
As a result of charges dated June 12, 1986,
investigation held
on June 17, 1986
and by letter dated July 11, 1986, Claimant, a section laborer with a service date of April 1,
1974, was suspended for five days for failing to operate a Carrier vehicle in a safe manner
resulting in an accident with a private vehicle on June 3, 1986.
On June 3, 1986 Claimant was driving a Carrier truck on St. Joseph Avenue in St.
Joseph, Missouri at a point where two southbound
lanes merge
into one lane. While
attempting to merge his vehicle into the main lane, Claimant struck another vehicle traveling
in the main lane. As a result of the collision, Claimant was issued a traffic citation for
"inattention". The instant discipline followed.
Substantial evidence exists in the record to support the Carrier's determination that
Claimant did not operate his vehicle in a safe
manner. Claimant
testified:
Q. Can you relate for us, to us the circumstances and events
surrounding that accident please?
A. While I was driving, the highway road merged, checked my
mirrors and blind spot, mirrors, he was not visible when I
merged and the rear tire came in contact with rear fender on
PLB 4402, ,ward No. 17
V. K. McCann
Page 2
the right had side of the truck.
Thus, the record adequately shows that Claimant changed lanes and struck a car
traveling in the other lane. Nothing in the record sufficiently shows why Claimant could
not have seen the vehicle in the other lane and avoided the collision. Under the
circumstances, we cannot say that a five day suspension was either arbitrary or capricious.
We note that a copy of the transcript of the investigation was not furnished to the
Organization in an expeditious fashion. The need for timely providing a copy of the
transcript is fundamental to the Organizations ability to adequately and timely prepare its
positions. While no prejudice was suffered by the delay in this case, similar action in the
future may well require that delay be considered as a basis for granting relief.
We have considered the other arguments made by the Organization and find them
insufficient to change the result.
AWARD
Claim denied.
Edwin n 17L Berm
Neutral Member
i /
. J. Kallinen
P
~. Swanson
Carrier Member Organization Member
Denver, Colorado
August 11, 1989