PUBLIC LAW BOARD NO. 5396
Parties
to the
Dispute
Li . ~~ir
EPfi~lzIbltj
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
VS.
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAIM
1. That the Carrier violated the provisions
of the current Agreement when it assessed
Mr. M.P. Ortega with a thirty (30) day
suspension and disqualified him in the class
of track supervisor [Class A]. Said action
being excessive, unduly harsh and in abuse
of discretion.
2. 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 including
the difference in pay resulting from the
wrongful disqualification, and his record
cleared of all charges.
FINDINGS
PLB Case No. 35
NMB Case No. 35
Track Supervisor M.P. Ortega was suspended for thirty days
and disqualified from his position. Following an investigation
Carrier concluded that he had failed to respond to a reported
2
X396-3s
track defect on January 5, 1995, at Mile Post 511.2 between
Mowich and Chemult, Oregon, after he had overheard a radio
transmission between two Engineers discussing a rough spot at
that location. A major train derailment occurred there the next
day.
Carrier argues that Claimant "grossly failed to perform as a
Track Supervisor" and failed either to check out the defect or
report it to someone who could do so. Based upon our review of
the entire record, this Board does not agree.
According to Claimant's testimony, his radio happened to be
scanning all channels when he overheard the conversation. one
Engineer suggested that there was a rough spot; the other said
that his train "rode fine." Neither of the men officially
reported a problem. Claimant, on the other hand, called the
Dispatcher and repeated what he had heard. The Dispatcher said
that he knew nothing about it. Claimant, who was involved in a
project changing out defective rail behind the Rail Detector,
went back to his assignment.
While the derailment was unfortunate, this Board cannot
conclude that responsibility for the incident lies either primarily or solely with Claimant. There is no basis for the discipline assessed him or for the finding that he lacked proper
qualifica-
tions to perform his job. The claim is consequently granted in
AWARD
Claim sustained. Within thirty days
of the approval of this Award, Claimant is to be restored to his former
position with seniority and all other
rights intact. He is to be compensated
for the loss of pay during his Suspension,
as well as for the difference in pay resulting from his disqualification.
His
record is to be cleared of all charges.
C .H' G ld,
Neutr 1 airman
C. F. Foose,
Employe Member
9-6. ~ -
D.A. Ring,
Carrier Membe
142i ~Z
Date of Approval