Parties to Dispute: Union Pacific Railroad Company
(formerly Ivfiseouri Pacific)
and
United Transportation Union
Statement of Claim: Request of$ngineer L.A. Frank for removal of Level 5 discipline.
Findings: The record indicates that while Claimant's train approached Corps Chapel Road at
the west end of Woolridge, Missouri, the train's whistle did not properly sound at
the quarter mile marker as required by Rule 5.8.2. When crew observed a vehicle
crossing the tracks, the train was placed into emergency and the horn was sounded
manually but not in time to avert a fatal accident. The post accident investigation
raises serious questions concerning the regular functioning of the whistle
sequencer. It was reported to be fimetioning one minute before the accident but
not working properly earlier during the trip. The whistle activated by hand-push
mechanism on the console was OK. The sequencer, which sounds the whistle at
intervals and is operated by a foot pedal, appears to have beers operating
sporadically. The crew believed the horn system was operating. The Claimant
asserts that he stepped on the whistle sequencer. 'there were no indicator lights on
the console to indicate that the whistle was actually sounding. In the American
Cab engine when the windows are closed and the sir conditioner is on high, it is
not always possible to verify the whistle's sounds.
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The record in this ease does not support that the Claimant was guilty of
willful disregard and negligence for the safety of others in failing to properly sound
the engine whistle at the public grade crossing in question. See Awards 26 and 33
of Public Law Board 5170. We must sustain the claim.
Award; Claim sustained.
FRANCIS
x QuuNrr.--r
Chair and Neutral Member
C. WISE
Carrier Member Organization Member
July
/Ir
. 2003
Omaha, Nebraska
PUBLIC LAW BOARD 6099
AWARD NO. 147
Parties to Diqpute: Union Pacific Railroad Company
(formerly Missouri Pacific)
and
United Transportation Union
Statement of Claim: Request of Engineer L.A Frank for removal of Level 5 discipline with pay
for all time lost.
Findings' When tape was downloaded from Claimant's engine, it eras determined that crew
had not sounded train's horn at several crossings on July 17, 2002. Carrier asserts
that the blue console light that illuminates when the horn sounds functioned
properly. The record in fact indicates that in the American Cab in question, there
were no indicator fights on the console to indicate that the whistle was actually
sounding.
The crew believed the horn sequencing mechanism was working properly.
Apparently, it was not. The Cattier has not met the burden of establishing
negligence for the safety of others. See Award 146 of this Board.
Award: Claim sustained.
FRANCIS
x. Q
Chair and Neutral Member
C. WISE
2.v
`~ RIC ACRD E, KARST T
Carrier Member Organization Member
July
Ze,
2003
Omaha, Nebraska