BROTHERHOOD OF LOCOMOTIVE ENGINEERS )

                  VS. ) Parties to Dispute


UNION PACIFIC RAILROAD COMPANY )

 ,STATEMENT OF GI~IM:
    The Brotherhood of Locomotive Encineers Union Pacific, former Chicago and North Western request the Division compensate Engineer J. B. Pietschmann 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 5, 1980 regarding the following charge:


        'Your responsibility for Engine 419 colliding with cars on Track 10 in Chicago Passenger Terminal at approximately 6:50 A.M. on May 1, 1980, while you were a member of the engine crew on No. 305 causing damage to Engine 419 and Coach No. 149."


                        FIMING5


    Upon the whole record and all the evidence, the Board


finds that the parties herein are Carrier and Employee within
                                              ,oL_6 ..va . 533 ~w~ ,v0. ~9a.-


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 collision and damage at Chicago Passenger Terminal. He was disciplined with thirty (30) days suspension.

      The essential facts are that Claimant and his Fireman were -

backing to connect to cars which they struck at approximately
 five (5) mph since the cars were ahead of the point usually
 located. Claimant's view for some of the distance traveled was
 partially obstructed.
 The Board finds that Claimant erred in not expecting the unexpected. Some discipline would be appropriate, but the thirty (30) day suspension given to him is not reasonable. The record indicates that his disciplinary history is clear for sixteen (16) years prior to this incident. Based upon this fact and similar cases on this Carrier with which the Board is familiar, the Board finds that the suspension should be reduced to five (5) days.

                          ATVM

The discipline is reduced to five (5) days suspension as indicated above.

                          _2_

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 gwD w' 5 q;?-

 ORDER
The Carrier,is-ordered to make this Award effective within thirty (30) days from the date shown below.

 Employee Member

 Car er Memb r

 Chairin n arYd utral Member