PARTIES
TO
DISPUTE

STATEMENT OF CLAIM


OPINION OF BOARD

Claimant was dismissed by letter dated February 18. 1998 for passing an absolute signal displaying stop without authority at mile-cost SG561.0, north end Tucker, Georgia at approximately 1320 hours. December 11, 1997.

The record shows that Claimant and Conductor J. R. Foster were c~- erating northbound on the Abbevlle Subdivision -Main. Track at`_nroac: -.? Tucker, Gqorgia. As the train approached South Tucker. Clai-:ar-t


PUBLIC LAW BOARD NO. 5392

BROTHERHOOD OF LOCOMOTIVE ENGT~1 EERS

CSX TRANSPORTATION, :NC.

AWARD NO. 34 CASE NO. 34

observed and called an approach signal indication. Conductor Foster called an aDprcach and then called a clear indication. Given the curving track configuration, the signal disappeared from Claimant's line of sight.

Appro..ximateiy one-half mile past the signal. Claimant asked Conductor Foster to confirm the prior signal. Foster replied that the signal was clear. As the train approached North Tucker. Conductor Foster observed a stop indication and called that display to Claimant. Claimant was able to stop the train before going through an improperly aligned switch. However, the train went past the stop.

Substantial evidence does not support the Carrier's decision to discipline Claimant.- Given his line of sight, Claimant relied upon Conductor Foster's calling of The signals and even asked Foster to verify the South Tucker signal. Given Conductor F outer s unecuivo-

~~ -, p1,g 5392. Award 34











      cannot be held responsible for running past the stop at North Tucker.

      The claim will be sustained. The discipline shall be rescinded. Claimant shall be restored to service and made whole in all respects.


      AWARD


        Claim sustained.


          ~ cd

            Edwin H. Be^.n

            Neutral Member


I
Carrier Memf5er

          Organization Member _


      Jacksonville, Florida


      Dated: ~~2~ ~ -