Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the current
Agreement when it dismissed Foreman D.E.
White based on unproven charges. Said
action being extreme, unduly harsh and
in abuse of discretion.
That the Carrier now reinstate Claimant
to his former Carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss suffered,
and his record cleared of all charges.
FINDINGS
PLB Case No. 18
NMB Case No. 18
Claimant, a Foreman with a seniority date of March 4,
1974, was called to an investigation in connection with the
charge of failing to return a switch to its proper position
"after lining it for repairs which resulted in one derailment of the OIEUGJM17 at Hosley, Oregon, MP543, on September
5396-/8
17, 1991." The derailment resulted in the death of one
person, the injury of another, and approximately $2 million
in property damage. Carrier concluded that Claimant was
culpable in regard to the switch and that he was dishonest
in failing to report that he and a Laborer Operator had left
the switch improperly lined. He was consequently terminated
from service.
Claimant alleged that he had not lined the switch while
installing a switch plate. The Laborer operator initially
supported this statement, but later said that while not
seeing White throw the switch, at one point he observed a
"movement." After the derailment, the switch was found to
be unlocked and lined for the spur.
Upon a complete review of the record, this Board finds
strong circumstantial evidence pointing to claimant's
involvement in the placement of the switch, despite the
presence of others in the area. By his own acknowledgement,
he failed to check the switch after completing his repair.
There is no doubt that the disaster that occurred was of
monumental proportion.
By the same token, however, we note that Claimant is a
long-term employe with an unblemished work record. Consequently, his total separation from service cannot be
6396-/8
endorsed. His time withheld from employment should be
sufficient to place him on notice for the need to take all
necessary precautions in conjunction with his work.
AWARD
Claim sustained in part and denied
in part. Claimant is returned to
service with all seniority and
other rights intact, but without
backpay. His time withheld from
service shall appear on his record
as a Suspension.
C.H. Gold; Ne ral Chairman
C.F. Foos ,'Employe Member J Martin, Carrier Member
Date of Approval