'iMU WX NO. As414-5as-41.-$
1>p FILE N0_ 1134785
ass No. 57

PUBLIC LAW BOARD 5499

Abtf.iNO. 57

Parties to Dispute; Union Pacific Railroad Company

and

United Transportafen Union

er't of I irn

Engineer R.J. Thomas. (SS,# Stl4-iZ-7472) for tire removal eaxvel 4 of the UPGRADE Progressive Discipline Policy (30 rays actual suspfxtsion) from his personal mcord, and he be compensated for any and all lost time, including any deterred suspension ssemed, if any, plus time spent attending art investigation bold on June 5, 1998, when chargrd with an alleged resMrtsibilfy in connection with the report that. ~,tt approximately 0320 hours on May 13, 1998, while employed as Fnginccr on Train LNL37-13, you afegcdly failed to stop short ofa BNSF train white operating on the RNSF main track at Sioux Ctty', Iowa, resulting in subswtuont collision and damage tti engine and ears- Your actions indicate possible violation of Wei 6.13 and 6.27, among others, of the Union Paciftt: Rules effective Apdi to, 1994, and resulted in a thirty (30) day fevocadon of your Locomotive Engineer Ccrtiticarioa as requirsxl by 49 C'TR part 290-117 parxgeaph g."

On &fay 12, 1998, Claimant Fnginecr R_J. Thomas was operating Train LNL37-13 at Sioux

City. Iowa. During his tour o_ duty, a stardlay Bh'SF crn pry coal train tvas struck and derailed by

Claimant's train. `

__ A review of tire record exonerates the Claimant. The invcstiganon was not held in a tismcly

manner as required by the Systcm Discipline Rule. Paragraph 5 requires that the investigation be held

rte later tbau ten (10) days after the notice, unless postponed for good cause, The Carrier has not

offered area-u)n fcr ahc postponcntant, not did the d;aniar hart concurrcncc With dice Orgunixaiion for

I t& wa 5-b 39
A, p A)a.5--7

the pasyponcattcnt. See Awgrd 7064 oFFirst Division of NMAEi. Justice decayed was jtjstife denied.

(;taint sustained-

lacnms Gonzales Carrier A.4 ember

Date 4-ffi- f7 Salt Luke City, Utah:

Chair and Neutral Mcmb,-r

JoW~Babler
Orgatti2tation Mstnber