PUBLIC LAS BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
1
VS.
) Parties to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATB4WT OF CLAIM:
Claim in behalf of Hostler P. E. Johnson, Union
Pacific 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 perform your duties in
a safe manner when you failed to
separate locomotives CNW 5086 and
CNW 6916 not less than 20 feet before
going between to make a coupler adjustment at approximately 12:18 A.M.,
April 26, 1985, while employed as
Hostler at Clinton, Iowa."
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 Hostler was found respc:.sible for a safety rule
violation when he did not separate locomotives by not less
than twenty (20) feet before making a coupler adjustment. He
was disciplined with twenty (20) days actual suspension.
It is established in the record that Claimant did violate
the safety rule as the ,separation was less than required by the
rules. The difficulty with assessing discipline in,this case,
however, is that a supervisory employee was at the location at
the time the coupler was adjusted. He had the opportunity to
intervene but did not do so. In this circumstance the claim
has merit.
Claim is sustained.
ORDER
The Carrier is ordered to make this Award effective
within thirty (30) days from the date shown below.
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Employee Member Carr' ember
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/ Chairin n and Ne ral Member
Dated:
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