_~ .... - _ . . _. . .. Case .Ne. 541
PUBLIC LAW BOARD N0. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
. . i
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CLAIM:
Claim in behalf of Engineer D. W. Bolt, 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
your failure to immediately report a
collision on the Proviso Hump between
Assignment No. 32 and Assignment No. 33
on January 23, 1989 at 5:50 PM, while
employed on Assignment No. 32 and CRO
Position Nos. 38, 39, and 49 and Hump
Assignment No. 33."
fINDIMS
Upon the whole record and all the evidence, the Board
finds that the parties herein are Carrier and Employee within
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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 in connection with
failure to immediately report a collision on the Proviso Hump
while working Assignment No. 32. The discipline assessed was
five (5) days suspension.
The essential facts are that Claimant was working a hump
job when his engine was struck by four (4) cars from another
assignment. The impact did not derail any equipment and there
was no damage to equipment or injury to persons. No one
reported the incident until Claimant wrote a letter to
supervision the next day complaining about radio problems in
connection with the episode. Claimant was then charged with
failure to immediately report a collision.
There was discussion during the investigation of whether
^collision" was the proper word to describe what the employees
believed was nothing more than a hard coupling.
The Board finds that what occurred was not a 'serious"
matter as described in the C&NW Discipline System. The four
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AWO No - 5qi
(4) cars were in.the wrong place but they were not the
responsibility of the accused engineer. Obviously not every
hard coupling is reported immediately to supervision and the
accident report instructions do not entirely fit the facts
in this case. Under the precedent of First Division
Award 24231, the suspension is sat aside and substituted
therefor a 'Letter of Review" shall be placed in Claimant's
service record.
$PA82 .
Claim is sustained in accordance with the above.
ORDER
The Carrier is ordered to make this Award effective within
thirty (30)' days from. the date shown below.
Employee Member Car er Memb
Chairman and utral Member
Dated: ~ -~
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