Case No: 19
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NMB No. 17
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PUBLIC LAW BOARD NO.
4767
AWARD NO. 19
CSX TRANSPORTATION
IN:C.
vs.
BROTHERHOOD OF L
0'\,tr)I1T=/-I:
.N FR S
STATFNIENT OF CLAILI: Rer: ove from Mr. W. L. Bell's personal
record, the 30 (thirty) demerits assessed to him
as a result of the investigation held on June
14,
1989.
STATTMFNT OF FACTS: On June ?, 1989, Engineer W. L. Bell, Jr.,
(hereinafter claimant) was assirned and working Yard
Job Y-50302
at the
carrier's Florence Yard. At app-oximately ? 145 hours claimant and his
crew began to move locomotive CSXT 1189 through the crossover from
"Short
50"
to the "Running Lead." The field switchman, Mr. L. A. Cantey
was riding the lead end of the locomotive as it passed through the crossover.
Durina this movement claimant's locomotive struck CSXT 998538, an
empty gondola, located on the :reman's side of the engine.
PLB 4767
Award No. 19
Page No. 2
As
a result of such collision claimant and
his
crew were noticed to
attend an investigation to determine each member's responsibility, if any.
Following the investigation Division.Manager J. A. Drake reviewed the
evidence and published his decision, stating in pertinent part as follows:
~ s x a
"This has reference to the investigation that was conducted in Florence,
S.C. on June 1!.. 1989 in order to develop facts and place responsibility, if any, in
connection with the sideswipe involving Engine CSXT 1189 and CSXT 998538,
an empty gondola. at approximately 3145 on June 2. 1989 at the crossover from
North end of Short 50 to the Running Lead while you were a member of Y-50302
workine on Florence Yard.
Based on these facts and others presented during the course of this
investigation you are guilty of violating Safety Rule 890 which states in part
`Temporary or unexpected instructions near the track should always be watched
for because conditions change from day to day and even from hour to hour.' for
your failure to ensure that the empty gondola CSXT 998538 was in the clear prior
to making your move through ;he crossover switches.
For your responsibility in this matter you are assessed discipline in the
form of Thirty (30) demerits to be placed on your personal record."
Such decision was unsuccessfully appealed and thereafter the dispute
was processed to this Board for final resolution. -
FTNDI-NGS: Linden the whole record and all the evidence, after hearing, the
Board finds that the parties herein are carrier and employee within the
PLB 4767 ~1
Award No. 19
Page No. 3
meaning of the Railway Labor Act, as amended, and this Board is duly
constituted by aareement and has jurisdiction of the parties and subject
matter.
The credible evidence indicates that the area of operation is
marginally illuminated, and Field Switchman Cantey was riding the leading
end of the locomotive and resvonsible for directins the movement.
Notwithstanding his (Cantey's) vantage point and lookout responsibility,
there is no evidence that raises a presumption that he (sic) maintained a
proper vigil or sounded a timely
warning to
claimant. Because claimant had
to rely on his crewman/lookout, and was not proven to be operating at a
patently unsafe speed, we find no preponderant evidence of wrongdoing or
a material rules violation.
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Award No. 19
Page No. 4
AWARD: Claim sustained. Carrier is directed to implement this award
within 30 days of the effective date hereof.
r
DON'S FiAYS, Neut<altfembe:
x
LO,
CLL~- _./ _
A
B. MONTGOMERY, C '' r Mem~er E. L. HAYDEN, Organize Or-7ganizaii6n- Member
11~0~
~ DATE