FUSZIC LAW BOARD NO. 5383
BROTHERHOOD OF LOCOMOTIVE ENGINEERS )
VS.
_, _ _.. _. ) Parties
to Dispute
UNION PACIFIC RAILROAD COMPANY )
STATED OF CZAIM:
The Brotherhood of Locomotive Enaineers Union
Pacific, former Chicago and North Western
request the Division compensate Engineer J. H.
Ness for all time lost including time spent at
the investigation and that this incident be
removed from Claimant's personal file 'when he
was invest=gated on June 26, 1989 regarding the
following charge:
."Your responsibility for delay to
your train; specifically, for
stopping your train at Little Lake,
Michigan from 10:41 p.m. until
10:45 p.m., May 24, 1989, while
employed as crew members of EPESS
commencing duty at 2:00 p.m.,
May 24, 1989, CDT."
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.
let,A Ax) - ~3
83
AWO
N~.~98
Claimant Engineer was found r=esponsible for delay to his
train and he was disciplined with five (5) days suspension.
The transcript of investigation indicates that the train
was stopped at White Lake for more than an hour whereas the
char_e letter indicates the period was only a few minutes.
Recardless of this-discteoancy;- the Board'finds that the evidence
developed is too nebulous to support the Carrier's decision.
It is noted that a Trainmaster at White Lake said he did not
take exception to the time the train was stopped for the crew's
lunch. Also, certain answers to important questions are shown
as "inaudible".
The claim will be sustained on the premise that insufficient
evidence was developed to support the charge.
AOWD
Claim is sustained.
ORDER
The Carrier is ordered to make t~:is Award effective
within thirty (30) days from the date shown below.
Employee Member Car r M mb
&~?z
Chairman an Neutral Member
Dated:
5-22-
si