PUBLIC LAW BOARD No. 5383-
bRGTriEFEOGD OF LOCOMOTIVE ENGINEERS
)
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM: _-
Claim in behalf, of Engineer 0. L. Ramsey, Union Pacific
Railroad former Chicago and North Western Transportation
Company for compensation for all time lost including
time spent at the investigation and that this incident
be removed from Claimant's personal record when he was
investigated on the following charge:
"Your responsibility for your failure to
properly perform your duties when you
failed to take appropriate action when a
lighted red fusee was displayed next to
your train at MP 20.9 on the Geneva
Subdivision at approximately 7:47 FM
on January 28, 1985 while you were
employed as crew members on the Extra
6877 East (GCPRA)."
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 end has jurisdiction of the parties and of
the subject matter.
Claimant was assessed ten (10) days suspension for failing an
efficiency test. This suspension activated thirty (30) and ten
(10) days deferred suspensions from previous disciplinary
incidents, resulting in a total of fifty (50) days being served.
The claim seeks payment for the entire suspension period.
pt.,g
x'o .5.39-?
ArN
O N a
~ L(8
The operative facts are that the head end and several cars
of Claimant's train passed a point where two (2) supervisors
were waiting, after which one (1) of them lit a fuses to see if
the head end crew was observant of the cars behind as the train
when through curved track. The head end did not acknowledge the
fusee which was the basis for the disciplinary action against the
crew.
The Board has carefully studied the record in this case and
we conclude that the claim should be sustained because there was
insufficient time between the initial visibility of the lighted
fusee and the point where it could no longer be seen by the
Engineer looking in a reverse direction. Taking into account
the speed of the train (@ 50 mph) there was only a small window
of opportunity. Had the fuses been lit sooner than it was,a
different result might have obtained.
AWARD
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
~ /17.
Y~
7
Employee Member Car _er Me '_r
Chairman anV Neutral Member
Dated:
~-.
S -~
-2-