Award No. 450
Case No. 450
PUBLIC LAW BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
)
UNION PACIFIC RAILROAD COMPANY )
(FORMERLY CHICAGO AND NORTH WESTERN )
TRANSPORTATION COMPANY) )
STATEMENT OF CLAIM:
Claim in behalf of Engineer W. E. Buford, Chicago
Terminal Division, for removal of sixty (60) days
suspension entry from his service record and
compensation for all time lost, including time
spent at the investigation when he was investigated
on the following charge:
"Your responsibility in connection with
the damage to engine 1651 and GACX 47356,
load of corn starch, at approximately
9:-05 a.m., February 19, 1978 when you
were assigned as crew members on Job 53,
7:15 a.m., Switch Assignment, 40th
Street Yard."
FINDINGS
Upon the whole record and all the evidence, the Board finds
that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, and that the Board is duly
constituted by agreement and has jurisdiction of the parties and of
the subject matter.
Claimant Engineer and a brakeman were charged with responsibility in connection with a collision while operating in yard
service. Claimant was found at fault and disciplined with
sixty (60) days suspension. The brakeman was not disciplined.
The transcript of investigation indicates that Claimant
and crew were pulling about forty-five (45) cars and diverged
from their route because of a frozen switch. The brakeman gave a
"come on $ign" to the engineer whose vision was impaired at times
as he was operating the unit with long hood forward. All necessary
switches were not properly lined and a collision resulted.
The Board finds that responsibility of Claimant is not
clearly established in the record here. Claimant should have
been able to trust his brakeman for that which he could not see
clearly. He was misled by the brakeman whose dereliction caused
the accident.
Claim is sustained.
AWARD
ORDER
Carrier is ordered to make this award effective within
thirty (30) days of the date shown below. .
Carrier Member
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Employee Member
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Chairmin and N tral Member
Dated:~ ~-