PUBLIC LA'W BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATEMENT OF CIASM:
The Brotherhood of Locomotive Engineers Union
Pacific, former Chicago and North Western request
the Division compensate Fireman R. T.
Moss
for
all time lost including time spent at the investigation and that this incident be removed from
Claimant's personal file when he was investigated
on May 13, 1977 regarding the following charge:
"Your responsibility in connection
with the collision between Relay
Engines, B&O 6511 and
WM
7145, in
multiple, and Job 80, Engine 1308
at Ogden Avenue Crossovers, Wood
Street at about 2:15 A.M. on
May 11, 1977."
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.
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Claimant Fireman was found responsible in connection with
a collision between engines at Chicago and he was disciplined
with five (5) days suspension.
It is shown in the transcript that neither Claimant nor
his Engineer were familiar with the area in which operating at
the time of the incident. The Engineer began a reverse move
with poor visibility without knowing that his Fireman had seen
the route to be clear and a slow-speed collision was the result.
The Board finds that the Engineer's performance was as poor
or worse than that of his Fireman. The Engineer position is
one of greater responsibility but the occupant was not
disciplined whereas the Fireman was found at fault. In this
circumstance the claim shall be allowed.
Claim is sustained.
ER
The Carrier is ordered to make this Award effective
within thirty (30) days from the date shown below.
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Employee Member Carrie Me er
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Chairman a Neutral Member
Dated: -5-2Z -