PUBLIC LAW B ARD N0. 5383
BROTHERHOOD bF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
)
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM:
Claim in behalf of Brakeman S. D. Garls, 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 for your-failure to
properly perform your duties when you.
got on and off a moving flat car
(HTTX 97959) at Adams Street Yard
at approximately 8:15 p.m. on June 20,
1984, while you were employed as head
brakeman on Extra 6824 North (GCEMA)."
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 Brakeman was given thirty (30) days suspension
when found responsible for getting on and off a moving flat
car while making a pick up. This discipline activated fifteen
(15) days deferred suspension attached to Claimant's record.
pLQ
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r9tND
SI l
At the =nvestigation, Carrier officers testified that
they had observed Claimant getting oz and o__°f a flat car ir.
violation of Rule 144 which says that "Employees must not aet on
or off of moving tank cars or flat cars, except in emergency".
Claimant stated that he got on the car as the slack ran
in and got off as the slack ran out, thereby getting on and
off non-moving equipment.
The Board finds that there was either a technical violation
of the rule or a technical non-violation and we cannot
convincingly determine which. The Carrier officers were about.
one-quarter (1/4) mile from the scene and said that the cars in
question were moving very slowly. Claimant contended he was
playing the slack, apparently to avoid violation of Rule 144.
in the absence of sufficient evidence, we hold that the
discipline should be set aside.
AWARD
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30) days from the date shown below.
Employee Member Car er-Membl
U
Chairman and N ral Member
Dated
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