(Brotherhood of Maintenance of Way Employes
PARTIES T4 DISPUTE:
(The Burlington
Northern Santa Fe Railroad (Former
(ATSF Railway Company)
STATEMENT OF CLAIM
1. The Carrier violated the Agreement when Claimant K. A. McKeever
(12981811 was Issued a
ferret 9° 30-day Record Suspension with three
years probation for violation of MOWOR 8.50.2 Approaching Road
Crossings on July 8; 2009
concerning alleged failure to approach
grade crossing prepared to stop and yield causing a track collision
and damn" to
vehicle. The Claimant should be paid for all wages
lost and mace whole commencing July 10, 2009 and continuing
forward antor otherwise made whole:
2. As a consequence of the violation referred to in part
.1
the Carrier
shall Immediately correct the Claimants discipline records and make
Claimants whole for ail tine ltd
Upon the whole record and all the evidence, the Board finds that the parties
herein are Carrier and Employee within the meaning; of the Rai" Labor Act, as
amended: Further, the Boartd Is duty constituted by Agreerrnent; has jurisdiction
of the
. . Party
;ail sutct,
matte, and the Parties to
this dispute, were given-due. notice of
the hearing thereon.
4n July 8, 200 , Claimant at a
highway crossing was hit by
an automobile causing,
extensive damage to both vehicim.
Upon receipt of the news about the
accident and after a look at both vehicles, the
Carrier convened an Investigation with Claimant being
the principle:
This Board read the transcript and in Its opinion, the car
hit the rail vehicle
Claimant said he looked both ways
twice as a car from the north
direction caused
PL13 NO. 5850
Page 2 Award No.
Case No. 373
him to wait until it cleared. Claimant did
not see: the vehicle that hit his machine.
The Board finds Claimant took a
positive movement
on the Crossing. This Board
fails to understand how Claimant
could do more than he did. The car struck him.
There is a lack of
facts establishing that
Claimant could do more to protect
himself and the company vehicle he was driving.
AWARD
Claim sustained.
ORDEF
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) be made. The Gamier
is ordered to make the
award effective on or before 30 days following the date the award is adopted.
IUX4-~ 91--ak,
~t-
Robert C.. Hicks, Chairman & Neutral Member
da-'vid D. Tanner,
For the Employ
7
Samantha Rogers, For rrier
Dated:
/r ./,Y/·o