August 28, 1991 -- Dismissal and entry of censure for violation of Rule 412 and General Rule I . . . for failure to properly handle the operation of leased Gradall in TWC territory resulting in collision and derailment of Train 593; Engine 6913, at about 9:45 a.m. on July 25th, 1991 at the west siding switch, Douglas, Wyoming.

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The Claimant had received a track warrant to occupy the main line in connection with his assigned duty. The warrant included the direction not to enter the main line ahead of Train 6913, specifically , "Do not foul limits ahead of 6913." The Claimant nevertheless entered the main track prior to the arrival of Train 6913. Upon the approach of the train, the Claimant attempted to get his equipment clear, but a collision occurred between the train and the equipment, causing substantial damage. At the investigative hearing, the Claimant testified, "I thought that train had gone by. I thought that train was clear of the limits."

The Organization and the Carrier disagree sharply as to the conditions under which the Claimant was operating the Gradall. The Organization contends this was the first time the Claimant had operated the equipment following previous disqualification for Class 1 Machine operator positions; that he was unfamiliar with track warrants; and that he should have been accompanied by another employee who had been assigned to train him. The Carrier contends the Claimant was properly assigned to the machine; that the Claimant had provided assurances as to familiarity with track warrants; and that he was properly operating the equipment without the presence of another employee.

There can be no doubt that the Claimant was responsible to some major degree in his failure to follow the requirement of the track warrant. The Claimant does, however, have 15 years' service, with an apparently clean employment record. Given this background and all the related circumstances, dismissal becomes an unduly _2_

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