- PUBLIC LAW BOARD NO. 4.102
-"
OTHERIIOOD OF MAINTENANCE OF WAY EmPLOYES
T
y~ISP~.l
LUTI- BURLINGTON NORTHERN RAILLRQADCOp1_PAN . Y
STATEMENT OF CLAIM
1. The discipline [thirty (30) days of suspension and restriction from operating
Group 1 machines] imposed upon Machine Operator A. J. Terrones for
alleged violation of Rule 600 of the Rules of the Maintenance of Way
Department for alleged failure to operate Locomotive Crane BN975315 in a
safe manner, was without just and sufficient cause and excessive (System
File WE/Gr. Denver 10 DI - A. J. Terrones).
2. Mr. A. J. Terrones' seniority as a
Group 1
machine operator shall
be reinstated and unimpaired, he shall be reassigned as a operator of
Locomotive Crane BN975315, his record shall be cleared of the
charge leveled against him, he shall be compensated for all wage
loss suffered, including overtime during his suspension and he shall
be allowed the difference between what lie would have received as a
Group 1 operator and what he was paid during his disqualification
period. -
OPINION
OF BOARD
As a a result of charges dated March 26, 1985, investigation held on April 3, 1985,
and by letter dated April 25, 1985, Claimant, an employee since April 1976, was
suspended for 30 days and disqualified from operating Group 1 machines.
On March 25, 1985, Claimant was operating a locomotive crane in the vicinity of
Nacco Junction, Wyoming. In the process of operating the crane loading scrap, Claimant
lowered the boom and struck a gondola car resulting in an estimated $2500 damage.
Claimant could not see the edge of the car because of the location of the magnet spool.
Claimant testified Jr. 13):
Q. Mr. Terrones, what caused the damage to the boom on-the
Locomotive Crane?
A. As I was booming down, the high side of the gondola, which I could
not see because of my magnet spool, hit the boom as I was booming
W i! ~. i.id'J
PLB 4402,
Award No. 8
A. J. Terrones
Page
2
down and started to bend it.
AS
soon as 1 noticed. tire upward brake
bars bending, I immediately raised by boom back up.
Q. Mr. Terrones, what kind of action could have been taken to prevent
from booming down to reach the pile of scrap?
A. I guess I could have kept in a high boom and had the crane moved
the 2 or 3 feet which I needed, to pick up the pile.
Rule 600 requires a machine operator to work in a safe manner and further holds
the machine operator responsible for negligence. Substantial evidence exists in this record
to support the Carrier's conclusion that Claimant violated that rule. Claimant admitted that
he could not see the high side of the gondola and all that he had to do to avoid the accident
was to have the crane moved two or three feet. Giventhat evidence, we cannot say that a
30 day suspension was arbitrary or capricious.
However, we agree with the Organization that disqualification of Claimant from
operating Group I machines was excessive. Under the circumstances, tine 30 day
suspension was sufficiently commensurate with the offense.
RD
Claim sustained in part. Claimant's Group 1 operating rights are reinstated. The
remainder of the claim is denied.
~a~...:- t- - ~a~
.%,V,
Edwin 11. ffe-nn
NeutralMember
. Kallmen P. .n
Carrier Member Organization Member
Denver, Colorado
May 31, 1989