(Brotherhood of Maittbsnuxe of Way Et"loyes

72 WeLa: (The Sudk%ton Northern Barite Fe Ralfroad
ME oP Ct:
 t. The Canisr vicletsd the Agreement when on June 30, 2000, Me. F. L. Lswls
 was dtsquallited as an Independent Machino Opshtorr based an "Is 00:1001
 Inability to property secure track and tine probcliwt trorn the 0ispabdwe.
 t As a coramquence of the Carrier's violation referred t* sbow, the
 Ciainwnts shat! hsvr his fht to work as an Ind:pendent Machine Operator
 restored, anus he shall be contpensst~ed for all was end ~ benef t0W
 Upon the nlahr record and d Ow evidence, dts Board ties *tt 01 psrtiss
 hence an carrier ant! efnpkWw within the meaning of the Racy LWW A0K ss
 amended. Further, the Board it duly consfrbd by Apreennott, ho )ufdwdotf Of the
 Psrtlss sad of the suWsat matter, and the Parties to this dispute wm plwn due note O#
 an hearing SWUM.
 Claimant was d"usgfd from the pcatlion of indspendsrrt tiiwahhs Operator, ASR
 because of hb inability to operstr tint urchins, but became of his 41160·4
 prcbim to copying train orders. Ciskmnt nay be working wNh a pang wham !M
 Forman secures the tack protection, but an other occasions IWO may be V1prkl11
 Page 2 Award No.
                                            Case No. 1 $8


Independent of other gangs, that he In tact may be assigned to a project at a

 location where no other is employed and with the size of the Carrier, he may also

 find himself working In unknown territory.
    No one can minimize the Importance of train orders that are clearly written and

delivered. Taw Carrier has put In placce a practice that is as foolproof as It can be. Key words are pronounced then spoiled. The recipient must repast back the exact message delivered. The reason is obvious, both the originator of the track order and the recipient must be on the same page.

Claimant had been working as an Independent Operator since receiving the bid In March. From then to ,Tune 30, 2000, he had been working with a mini-ale gang for the majority of the time where the track protection Issued for the gang included Claimant's machine. Claimant did state that at least five or six times he had to secure his own track and time orders. In these Instances, apparently those track orders wars completed without a glitch. If there were any problems with train ord',!~r n at that time, it has not been brought to the attention o! this Board.


Claimant should be given another chance to Increase his ability to copy train orders. Claimant's representative did state that the communication line was noisy and, to this Board, that was evident by the second Dispatcher at first misunderstanding Claimant's name.

      Note the exchsngs:


0d
 Page 3 Award No. `5-99
 No. 1 59
 "Mr. Lewis: Lewis, L-1:-W-1-6, over.

Dispatcher: L-E-E-E, cc?

Mr. Lewis: L4E-W-1-S, over:
 Dispatcher: Lewis, overt
 Mr. Lewis: Yos, sir, that is corm over."

    Furthermore, the second Dispatcher missed key parts of Clairnarct's read back


Note the transcript of the tspe which reads:

                "Dispatcher: Until noon, thank you. Lewis here's some tr. For Lew[*, track and time authority 55539, !hat's X4 9, that's triple 6 and a 3-!, granted on main track (inaudible) east. E-A-13-T end Crowley, switch no, and west. W-E.3 T, west switch west, W-E-S-T, Birds, switch no. OW, 04-4.6 till 1200, 1-2-0-0 joint with trains and maintenance of way. over.


                Mr. Lewis: Many on. Okay. Lewis (inaudible) track authority number 55539 on the M-A-I-N at the west end, wastbound control signal east end of Crowley, switch no, !o West Birds, switch no. From 0846 till 1200 joint with trains and maintenance of way, over.


                Dispatcher: Need authority number and theirs main track (Inaudible) switch, switch vast end of Crowiey, switch no, and west W-E-S-T west switch west and of Birds, switch no. Only that repeat, over.


                Mr. Lewis: Track authority number 56639 on the M-A-1-N main track, east end of Crowley switch no, West Birds, switch no. Times start at 0843 Oil 1200 ,joint with trains and maintenance of way, over.


                Dispatcher: Now let me repeat what I'm asking for. You're not saying switch after west, W-E-&T west switch, west end of Birds, switch no. ?hit's the only thing i want to hear out of you. West switch, west end of Birds, switch no, over.

t

 Page 4 Award N0. ` `'
 case No. '1511

      Mr. Lewis: U63$ on the M·A.LN fin, switch E.A-X1·1' and

                Drowioy, switch coo, west switch Birds, no. tfll 1200 joint with trains and maintenance of way, over.


                Dispatcher: What part of this you can`t understand?" Do not repfat nothing except what !'m asking for. SUrt with west, W.E·5·T west switch, west end of Birds, switch no. That's all I want to hear. Must sue, west and of Birds, switch no, over."


    When Claimant first repeated the train ardor, he gave the track authority

number, yet the Dispatcher asked for it again. Obviously, the Dispatcher could not hear or did not hear Claimant repeating the track authority numb. It le also evident that when the tape was transcribed, the transcriber had to declare an inaudible in the order given by the Dispatcher and in Cialm&nt's read back.


    it is clear to this Board that the communication tines were noisy and

somewhat difficult for both the Dispatcher and Claimant to hear clearly. If the transecribar could not distinguish certain words when the transcriber cart play the tape over and over. plus adjusting the volume while doing so, it must be that the tapes were noisy, for this Claimant Is not to tie faulted. but it could also be that Claimant may have a slight hearing problem in that he tray have difculIn distinguishing certain sounds and/or Isttem. To this extent, he Is to Odell* Q hearing test and if he has no defect, than on one day, someone is to work with claimant copying train orders to determine his response thereto. Ail of this must be completed of at least started within 30 days of being notified of this Award.

Page Award No.
 Case No. Ift
 1
 1 t
 If Claimant has a hearing problem, or for soma reason cannot correctly copy train
 orders, the dlsqual' don beopwrnanontr but N he does not have a physical
 disability and successfully concludes the training **&Won, the d4qualiftcation MO be
 reversed. Itrogardlesa, there is no past for any tune Claimant has lost as train orders era
 for the safety of everyone. If there Is difficulty in hearing, ewer party must speak up. If
 the one receiving the train order does not clearly understand what is being salt!, he must
 ask for a repeat ha be certahL Train orders cannot be guessed. They must be faetual.
 Even If the Ire wee noisy, Claimant still must be positive he has heard and copied the
 order correctly.
    Claim sustained in accordance with the FindlnpL


                        OBQCR

This Board, after consideration of Or dispute klenWend above, hereby orders that an award favorable to the Claimanl(sy be made. The Canrlsr 1s ordered to MMM the award effective on or before 30 days following the date the award Is adopted.


                            f


              Robert L Hicks, Ch adman B Neutral member,


w
 Rick '& Wshrll, tabor kiamber homas V. RohlhQ. Carrier Me

 Dated: j~l h re ~? 2_.
 I