This Board finds the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction over the dispute involved herein. The parties to said dispute were given due and proper notice of hearing thereon.
Claimant was dismissed from the service of the Carrier on April 18, 1997 as the result of an investigation held on March 21 and 22, 1997. In addition, the Claimant's engineer certification was suspended.
The facts brought out at the investigation reveal that Claimant was the engineer on job Y20412 at Wyoming Yard, Grand Rapids, Michigan, on March 12, 1997. Around 7:30 p.m. Claimants train collided with a locomotive at the west end of track W-35. The accident resulted in approximately $40,000 in damage.
The organization argues that Claimant was improperly removed from service after the accident. It argues the incident was not a grave offense. It also argues the Carrier failed to meet its burden.
Carrier takes the position that the Claimant received a fair and impartial hearing and the discipline assessed was proper. Carrier avers Claimant violated Rule 46. On page 193 of the transcript of the hearing the following exchange occurred:
Claimant was afforded a fair and impartial hearing which was held in a timely manner. However, the Carrier was incorrect for removing the Claimant from service~pending the investigation.
Carrier has met its burden in proving Claimant violated Rule 46. Claimant has 27 years of service with the Carrier, 17 as an engineer. Accordingly, the discipline assessed is unduly harsh. Claimant will be reinstated with seniority unimpaired without pay for time lost except for the period March 12, 1997 to April 18, 1997. Claimant must pass the Carrier's required examinations before reinstatement.
Claim sustained in accordance with the findings. Carrier is ordered to comply with this Award within 30 days of its date.