P R S TO D SPUTE
:
Brotherhood of Locomotive Engineers
AWARD NO. 4
- and - ' CASE NO. 4
Kansas City Southern Railway Company
STATEMENT OF
CLA
Claim of Engineer B. K. Coles for wages, removal of FRA decertification from his
record and personnel file be cleared of all charges.
FINDINGS
:
This Public Law Board No. 6094 finds that the parties herein art Carrier and Employee,
within the meaning of the Railway Labor Act, as amended and that this Board has jurisdiction.
By letter dated January 6, 1997, the Carrier notified the Claimant, Engineer B. K. Coles that
he had been assessed a sixty day actual suspension, of which thirty days were to be remedial
training. The body of the letter stated:
Referencing the investigation that was held in the Conference Room, KCS
Office Building, 3601 Spanish Trail, West Lake, LA, at 0900 hours, December 27,
1996, to ascertain the facts and determine your responsibility, if any, in connection
with your alleged failure to exercise proper care and judgment in the handling of
your train. No. 129, which resulted in the derailment of seven (7) empty box cars at
Mile Post 687.4 on the Boise Lead in Luddington, LA at approximately 1700 hours,
December 21, 1996, while you were serving as a crew member on the OMVT 36.
After thorough review of the transcript of this investigation, I find that you
were in violation of 49 CFR 240.117(b), 49 CFR 240.117(e)(2), General Code of
Operating Rule 6.28 and System Special Instructions, page 95 supplementing Rule
6.28.
Accordingly, for your violation of the above mentioned rules, you are hereby
assessed 60 days actual suspension, retroactive from December 22, 1996, of which
30 days will be remedial training. You are to contact Larry Sourer, Director of
Safety, Rules and Operating Practices at (318) 676-6135 by January 17, 1997 for
details of your remedial training.
Respectfully,
,' s/M. L. Erwin
Superintendent of Terminals
. j~'46 NO . &()"'tl
two ND
2
The Organization appealed the matter, and it is now properly before this Board for adjudication.
After full consideration of the entire record we are compelled to conclude that the discipline
must be set aside because the transcript of the investigation was defective with some
200
remarks
being inaudible and unable to be transcribed. Accordingly, the discipline assessed is set aside and
all references to it shall be expunged from his-record, and he shall receive backpay for the period of
time he was withheld from service. The Organization's request to remove the revocation of
Mr. Cole's locomotive engineer certificate from his record is a matter to be determined by the
Locomotive Review Board. The Locomotive Review Board overturned the revocation of Mr. Cole's
locomotive engineer certificate by decision dated February 19, 1998.
AWARD
Claim sustained.
ORDER: The Carrier is required to comply with this award within thirty days.
.P. Twomey
Chairman and Nep al Member
.rganiz~ ion ember atrierMember
DATE:
-ld