a 20 foot company truck. Claimant Kmas is a Foreman, and on this dab, was riling in the passenger seat of the truck. When they came to the point that they were to turn off the county road to a narrow road adjacent to the track, they had to swing wide Into the on-coming lane in order to head the truck Into the road adjacent to the track. At the moment they swung out to make the turn, a van attempted to pass them on the right They collided, doing some damage to each vehicle, but fortunately no one was Injured.
The Carrier then cited both for an Investigation and at the conclusion, believing they had fumishsd substantial evidence of the culpability of each Claimant for the charges assessed, they assessed Truck Driver Hardlety a formal reprimand and Foreman Kress a record ten day suspension.
Claimant Hardisty said the van was wafting to enter the county road from a driveway when they passed. He abo stated he checked the mirror before swinging wide to make the turn and believed he had sufficient time to complete the turn. Foreman Kra" had a very limited view of the traffic to his rear and did not ass the van until a spot second before they collided. All he could do was yell, but it was too late to prevent the collision.
The County Sheriff called to Investigate did not Issue anyone a ticket He simply wrote up the incident H anyone was in violation of any traffic law, It was not noted.
The van starting to pass on the right was traveling about 80 MPH according to the van driver. She ignored the turn signals on the truck and stated she assumed the truck was going lo park on the left shoulder of the road. Under the eiroumstanees, the van driver was negligent, red the Truck Driver and certainly not the Foreman.
incident, has a clear record. The Foremen has been with the Carrier since March, 1917, and has only two disciplinary entries, plus one quality performance entry when he discovered a run through switch.
In other words, In this Board's view, both Claknents have excellent records. They have been In the collision and will undoubtedly remember !t for some time. Therefore, this Board finds no reason to uphold the discipline. All traces of the discipline and this hearing are to be removed from each Claimant's record. H either lost tine because of the Incident, they are to be paid as provided for in the current Agreement
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claiment(s) be made. The Carrier Is ordered to make the award effective on or before 30 days following the date the award is adopted.