Award ho. 50$
Case No. 50$
PUBLIC LAW BOARD N0. 53$3
BROTHERHOOD 'OF LOCOMOTIVE ENGINEERS )
. VS. ) Parties
to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM:
Claim in behalf of Engineer R. H. Horn, 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 speed limit at Mile Post
37.2 to Mile Post 37.5 on the Trenton
Sub, while your train, the Extra 6871
North, was detected by radar operating
at 32 miles per hour in a 10 mile per
hour speed restriction at this location,
while employed as crew members on this
extra on Thursday, May 10th, 1984 at .
approximately 10:00 A.M."
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 was found responsible for exceeding the
speed limit by twenty-two (22) mph in a ten (10) mph zone. He
was disciplined with sixty (60) days suspension.
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The Employees admit that Claimant failed an efficiency
test but contend that the penalty is too severe.
Claimant admitted that he had overlooked the slow order. It
was stated at the investigation, however, that yellow boards
required by the rules to mark slow territory were not in place.
It was also noted that the train order was white rather than
yellow as required.
Taking the above into account as well as Claimant's eighteen
(18) years of service with only two (2) minor disciplinary entries,
the Board finds that the discipline assessed here was excessive.
It will be reduced to thirty (30) days suspension.
AWARD
Claim is sustained, in part, as indicated above.
ORDER
The Carrier is ordered to make this Award affective within
thirty (30) days from the date shown below.
1, i ., .- ~,~ / ~ -
Employee Member Carr~ r Membe
Chap ma and N tral Member
Dated:~
o?O ~
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