PARTIES TO
DISPUTE
Claim on behalf of Engineer Q.E. Tanner, ID 508137, for reimbursement of all earnings and benefits lost, including all lost earnings account attending Carrier investigation, and service record cleared of all charges resulting from investigation held July 23, 1993. Discipline assessed: thirty (30) days actual suspension.
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 suspended for 30 days account being at fault in connection with the derailment of train L376/16 on July 18, 1993.
A review of the transcript of the July 23, 1993 investigation reveals that the claimant was the engineer of Train L376 when it derailed at Jessup. As the train was about to depart Jessup the conductor asked the claimant to back up the train about 10 car lengths so the conductor could board the head end. At the time of the conductor's request the claimant asked the conductor if there was sufficient room to make the move. Claimant was assured there was room to back up the 10 car lengths. The claimant proceeded to make the move shoving 7 cars through the west end switch, which caused the seventh car to derail.
derailment was his fault, and that the engineer him about the move before the move was made.
comply with the instructions of the conductor concerning the movement of the train.
In the letter of discipline the carrier failed to cite which rule or rules the claimant violated in causing the derailment. The claimant questioned the move before backing up. The conductor