BROTHERHOOD OF LOCOMOTIVE ENGINEERS
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF
CLAIM:
The Brotherhood of Locomotive Engineers Union
Pacific Railroad former Chicago and North Western
request the Division compensate Engineer J. A. Bahr,
Des Moines District, for removal of fifteen (15) day
actual suspension from Claimant's service record
and compensation for all time lost in connection
with investigation held on January 3, 1985 regarding
the following charge:
"Your responsibility in connection with
the delay to your assignment at West
Des Moines, Iowa, while you were assigned
as crew members on YYM04 at approximately
11:00 P.M. on Thursday, December 27, 1984."
FI2MINCiS
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
delay to a yard assignment at West Des Moines, IA. The
discipline assessed was fifteen (15) days suspension.
The essential facts are that a supervisory employee
observed the crew doing
nothing from
11:05 p.m. to 11:25 p.m.
when there was work to be done while waiting for a relief
crew to arrive. Claimant and crew were on overtime while
being observed.
The Board has thoroughly reviewed the record in this case
and we find there is not an adequate basis for finding the
Engineer at fault, which is our only concern in the case. We
make no finding concerning any other crew member, but it is
not shown convincingly that the Engineer did other than as
instructed. It is striking that the only questions addressed
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to Claimant Engineer occurred at the beginning of the investigation when asked as to his readiness to proceed and at the end
concerning whether the hearing was fair and impartial.
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective
within thirty (30) days from the date shown below.
A - /J.
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Employee Member Car er Memb~r
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Chairm n and N tral Member
Dated: ,f 22 - g'