Award No.
a
G't
Cast No. 297
(Brotherhood of Maintenance of Way Employee
PARTi,~Tt~,D18i9U_ T_ E_
:
(The Burlington m Santa Fe Railroad (Former
(ATBF Ralwwy Company'
STATEMENT OF rtLNM
:
1. The Carrier violated the Agreement on miler 15, 2005 when
Claimant, W. .J. Aragon, was diem for alleged violation of
Maintenance of Way Operating Rules t1·Sattty and 6.3.1 - Main Track
Authorization; and Engineering Instructions 1.1.3 and 1.1.4 for failure
to properly protect non
and equipment between MP
633.6 end MP
634.0 on the Hertford Sub-Division
while assigned as Switch
Malntsnance Gang Foreman; and
2. As a consequence of the violation referred to In part 1 the Carrier shall
Immediately return the Claimant to service with seniority, vacation and
ail other rights unimpaired, remove any mention of this Incident from
Claimaent"e personal record, and make Clamant whole for an tuft lost
cncing December 16, 2005.
Upon the whole rrcord and all the evidence, the Board finds that the parties
herein are Caller and Employee within the meaning of the Railway Labor Act, as
amended. Further, the Board Is duty cons by Agreement has Jurisdiction of the
Parties and of the subject matter, and the Parties to this dispute were given due notice of
the hearing thereon.
On November 0, 2005, tee Carrier wrote Claimant as fol
"Attend Investigation In the BNSF Railway, Conference Room, 320 S. Polk
Streat, Maxor Building Suits 500, Amarillo, Texas, on Thursday, November
17, 2005, at 10:00 a,m., for the purpose of ascertaining tire facts and
determining your responsibility It any, in connection with your possible
violation of Rut" 1.1, 1.15 and 6.3.1 of the Maintenance of Way
Orating
Runs, In t, r 31, 2004, as supplemented or amended
and
Rules
1.1.3 and 1.1.4 of the B NSF Engineering Instructions, as last revised,
~La
No,
s~
Page 2 Award No. ~
Case No. 287
concerning your alleged failure to protect won and equipment working
under your Form B protection on Main Track 2, n MP 633.6 and MP
634.0 on the Hereford Subdivision of the Kansas Division, when you
allegedly left the work sits and Instructed Trackman, Jeffrey Hardy, to call
trains through your Form B 4891 from MP 633.6 to MP 634.0. without
notttying welders who were working under your track occupancy authority
on Main 2, while assigned as Foreman on Switch Maintenance Gang, on
Thursday, November 3, 2005 "
Following the Investigation, Claimant was advised his s®rvicss for the Carrier were
terminated.
On Thursday,
November 3, 2006, Claimant secured Form B protection between MP
633.5 and MP 634.0 for his crew. Some welders also Intended to work In the ores
ClaknanYs crew was working, and they secured protection through Claimant's Form B.
With Form B protection, the train must stop re It orders Form B territory and
secure permission to go through
from the
Supervisor In charge. In this Instance
it was
Claimant.
About 12:00 noon, Claimant vent to a convenience store for lunch and delegated
the train release responsibility to a Rule's qual Assistant. The Assistant asked
Claimant if any others were on the multiple group Form B protection and Claimant simpty
so Id no, just
lot the trains through.
About 12:30 PW tire welders noted a train coming through on
the
track they were
working and scrambled to clear off the track. The employee ro whom Claimant had
delegated the authority to permit the trains going
through did not
know the n were
also relying on the Form B protection.
Claimant has that It s his understanding that the welders did not need any
protection from 12:00 noon to 12:30 PM, and the Weider Forman said no, he only advised
?L6
b.
5'd'~O
Page 3 Award No. ;Lcl1
Case No. 297
he had no n for the loan
of the
hydraulics from Clalmant'a crew to the welders. He
s not taking the welders off the multiple Form
a
protections.
4t is obvious of the damage to man and equipment ii the welders were without
track pro n.
The Carrier developed sufficient evidence to establish Ctalmsnt's culpability for
the charges and did terminate tire services of Claimant.
It would appear them Is a simpl! transaction, passing Form
a
protection from one
to another, but
Form B's are one of the main
forno of protection. When there Is a
briefing and a Forth
a
Is Involved, everyone at the briefing has to be on the same page, H
not they results
would be catastrophic.
Regarding the discipline, Claimant In 12 years has had (including this one) four
disciplines Imposed and he has one letter of accommodation for giving up his Christmas
holidays in 2004, when he worked
the 34th and the 25th cleaning up a rallment.
Although the results could have n
cams
hic, dais ass a cans of
misunderstanding In c unlcat3ng. it was not 1 nce or willful. Under the
circumstances, Claimant 4s to be retu to service as a Welder only. He is to be
disqual as a Foramen.
Claim sustained In accordance with the Findings.
This Board, after consideration of the dispute Iden above, hereby orders that
an award favorable
to
Me Cia' nt(s) not be made. The Carrier ordered &r make the
award effective on or before 30 days following the data the award Is ado
p Lc3 tso.
S$~
Page 4
Robert L Hc~ka; Chairman
a Neutral Rkniber
David D. Tanner. Labor Member
Dated: (/2l `)a)-7
Inward No, oZ01_1
Cuss N®. 297
Samantha
Ropers,
cerfl~_ mbsr