Upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the Partles and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
Claimant was operating a spike pulling machine. The entire crew moved to a safe track and Claimant was instructed to run to the end of the track to tag out a switch. This is required for the safety of all concerned as tag out means to not only red tag the switch, but to lock it or spike it so it cannot be thrown without removing the spike or lock.
Page 2 Award No.Claimant then returned to the group of machines but was unable to stop the spike puller. It struck another machine In the line. Claimant, aware of the impending crash, unbuckled his seat belt and jumped to avoid what he believed could have been a serious injury.
An Investigation was held and Claimant was assessed the discipline set out In the Statement of Claim.
The Carrier ran a reenactment of the collision, but Claimant's machine braked as it was Intended. The reenactment was done more than once and the spike puller functioned properly each time.
No one has found any mechanical problem with Claimant's machine that would cause the braking system to fail, yet here we have an experienced machine operator on a perfect day with clear vision running into his own consist When it became obvious the machine was not stopping, Claimant unbuckled his seat bait and jumped. No one witnessed the collision.
The Board can find no negligence in Claimant's actions regarding the machine, nor evidence that the machine's braking system worked perfectly for Claimant
There is, however, the matter of Claimant removing his seat belt and jumping before the coll'is'ion. Whether this was a logical action by Claimant or not, It is not a matter for this Board. The Rule mandates the use of seat belts.
Claimant cannot be found responsible for the collision, but he can be, and Is found, culpable for removing his seat belt
His discipline is therefore reduced to a formal reprimand relating only to the removal of his seat belt
Page 3 Award No.