Parties
to the
Dispute
PUBLIC LAW BOARD N0. 4431
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
BURLINGTON NORTHERN RAILROAD COMPANY
STATEMENT OF CLAIM
Claim on behalf of M. G. Montgomery, Section
Foreman, Wolf Prairie, Montana, who was suspended 5 days October 2, 1986 through October
6, 1986, as the results of the Investigation
held September 23, 1986 at Wolf Prairie, Montana.
FINDINGS
Case No. 14
Claimant, M. G. Montgomery, was assigned to a Section Foreman's
position on September 16, 1986. While in that position, the crew under
his supervision was responsible for switching a flat car from the east
end of the Burro Crane to the west end. The flat car was not properly
coupled to the crane; it broke loose, rolled down a grade, and rammed
a hi-rail vehicle waiting to be cleared to the main line. Claimant
was charged as follows:
yU31- 14
...ascertain the facts and determine your responsibility in connection with alleged damage to Hirail truck No. 1249 as a result of being struck
by flat car BN 961011 while operating crane BN
975058 at Fisher River at approximately 11:30 A.M.,
September 16, 1986.
A hearing into the matter was held on September 23, 1986. At
the conclusion of the hearing, Claimant was found guilty as charged
and assessed a five-day suspension.
This Board has reviewed the transcript of the hearing together
with other material contained in the record. As a result of that review,
the Board has concluded that Claimant received a full and fair hearing
and that his substantive and procedural rights guaranteed by Agreement
were preserved throughout the handling of this case. The Board also
concludes that Claimant was partially at fault in the accident and,
as such, some level of discipline is appropriate. The assessment of
a five-day suspension in this instance is not arbitrary or capricious
and this Board can find no basis on which to modify it.
AWARD
The claim is denied.
R. E. Dennis, Neutral Member
B G. Glover,
Employe
Member M. M. TTimberman, Carrier Member
Date of Adoption