Award No. 469
Case No. 469
PUBLIC LAW BOARD NO. 53$3
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLATM:
Claim of Hostler L. Carde for removal of five (5) days
suspension from service record and compensation for all
time lost as a result of the investigation held on the
following charge:
"Your responsibility for your failure to
properly perform your duties resulting in
collision and damage_to CIv'W Units 6654 and
8512 at approximately 0630 hours, September 1,
1992 at Proviso Diesel Ramp and your violation
of Federal Regulation 49 CFR Part 240.117(e)
while you were employed as relay engineer
on YPR H52 commencing duty at 2300 hours,
August 31,.2992."
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 worked a one-man hostler relay assignment at Proviso
on August 31, 1992. On that date he was instructed to take an
engine from the Diesel Ramp to the Hump Yard and while doing so was
,q.W,~ .ND.
involved in a collision with another unit fouling the route. This
accident caused damages of about one Hundred Fifty ($150.00)
Dollars to the locomotives.
Following a disciplinary investigation, Claimant was found at
fault and disciplined with five (5).days actual suspension.
The Board has reviewed the record in this case and we conclude
that the claim should be allowed. Claimant moved the engine by
himself, with no ground crew, and with the long hood forward
which restricted
his vision. The transcript indicates that the
supervision was aware of what was occurring and allowed an unsafe
movement to proceed. In this circumstance it is unfair to pin
the matter entirely on Claimant.
AWARD
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
~rr,ployee Member Carri Member
zq?/&
Chairman nd Neut al Member
Dated: ~o~ '-~
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