Award No. 493
Case No. 493
PUBLIC LAW BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM: .
Claim in behalf of Engineer P. C. Tucker, Union Pacific
Railroad former Chicago and North Western Transportation
Company, for compensation for all lost time 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 in connection with
exceeding the maximum authorized speed
of 40 MPH when you were detected, by
radar, operating at 47.2 MPH on the
Soo Line, M.P. 489.0, Track 2, on the
Trenton Subdivision at 1:45 a.m. on
October 28, 1990, while working as
Engineer on PRKWA on duty at 8:30 p.m.
on October 27, 1990."
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 ;vas found responsible for operating h1s
train at 47.2 mph where the speed limit was 40 mph. Basis for
the finding was a radar test by a supervisor. Claimant maintained
that the speedometer in his engine indicated 40 aiph.
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Board is duly constituted by agreement and has jurisdiction of
the parties and of the subject matter.
Following a disciplinary investigation, Claimant Engineer
was found responsible in connection with operating from
Chicago Ridge to Landers on the N&W mainline without a
clearance in his possession. He was disciplined with five (5)
days suspension.
The transcript shows that the train's clearance and
orders were given to the head brakeman, they were seen by the
conductor but not by the engineer, were then dropped by the
brakeman and found some time later by the operator.
The crew operated over. the trackage in question without
incident but it was a violation to proceed without their
clearance and orders.
The record indicates that the only employee disciplined
was the engineer. The brakeman lost the paperwork and the
conductor did not have it in his possession while traversing
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the trackage. There is basic unfairness here as three (3)
employees had responsibility but only one was suspended. In
this circumstance, the discipline of Claimant Engineer must
be set aside.
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
Employee Member Ca ier Me
Chairman and N~tral Member
Dated: ~~'r/.
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