JOHN C. FLETCHER, CHAIRMAN & NEUTRAL MEMBER

A. C. HALBERG, CARRIER MEMBER

D. E. THOMPSON, ORGANIZATION MEMBER


BROTHERHOOD OF LOCOMOTIVE ENGINEERS
 SLSW, GENERAL COMMITTEE







Statement of Claim :

      Claim of Engineer D. E. Jones for removal of discipline assessed August 20, 1998 from personal record and payment for all time lost resulting from the investigation and suspension.


FINDINGS :

Public Law Board No. 6198, upon the whole record and all of the evidence, finds and holds that the Employees) and the Carrier are employee and carrier within the meaning of the Railway Labor Act, as amended; and, that the Board has jurisdiction over the disputes) herein; and, that the parties to the disputes) were given due notice of the hearing thereon and did participate therein.


On Thursday, July 30, 1998, the herein Claimant, Engineer D. E. Jones was operating a train on the BNSF over the Wichita Falls Subdivision, between MP 45 and MP 90-2 under Track Warrant No. 550. At 2:17 p.m., the BNSF Dispatcher at Fort Worth called the train and talked to Conductor Hanes. What ,occurred in that fifty second conversation was recorded as:


      Dispatcher: That's 4 Dispatcher, UP-7084 West. Over.

                                          SBA - 6198 BLE - UP Award No. 6 Engineer D. E. Jones

                                          30-Day Suspension

      Hares: UP-7084 goin' by a Drag Detector here by Milepost 82 - 8- '

      2. Over.

      Dispatcher: You're all by 82 -8-2. Its that correct? Over.

      Hares That's correct.

      Dispatcher: Okay, why don't ya hang on one second. Over.

      Hares: Okay, roger. Standin' by.

      Dispatcher. Hold on B that's a force patch forward.

      Hares: Hello, Dispatcher?

      Dispatcher: Ah, be that 4 Dispatcher, go ahead. Over.

      Hares: Yeah, let me be - oh, about Milepost 74, 7-4. Over.

      Dispatcher: That's a 4 Dispatcher UP-7084 West. Over.

    Hares: UP-7084.

      Dispatcher: Yeah you say you're by 82? Over.

    Hares: No sir, correction on that - by Milepost 74, 7-4. Over.

    Dispatcher. Okay, I got - oh, well okay - okay, ah, thank you. Over.

                                        (Tr. P. 8)


On August 5, 1998, Claimant was cited to attend an investigation on a charge that while working as a crew member he occupied a main line track with out proper authority. Following the investigation, Claimant was suspended for 30 days.


The Organization has appealed this matter to this Board on a variety of grounds,
 both procedural and substantive. None need to be visited in any great detail, because
 Carrier has failed to demonstrate, even slightly, that if Claimant's train did indeed occupy
 trackage without proper authority, that he, in any way, contributed to the violation, even
 remotely. What is involved, it can be easily seen, in ,a conversation between the Conductor
 and the Dispatcher, the Conductor incorrectly stated the location of his train. The
 Conductor immediately corrected this statement. If the Conductor's misstatement resulted
 in the train occupying a track without authority, surely responsibility far the event cannot
 be visited upon the Engineer, merely because he was in the crew at the time.
    The claim has merit. It will be sustained. -


                      Page No. 2

Claim sustained.

SBA - 6198 BLE - UP Award No. 6 Engineer D. E. Jones 30-Day Suspension


AWARD

 ORDER

 The Board concludes that an award favorable to Claimant will be made. Carrier is directed to comply with this award, and to make any payments that may be required within sixty days of the date indicated below.

 John C. FI r, Chairman & Neutral Member
lii~
-~ alber , Canter 1VIember D. E. Thompso ', Organization Member
            Dated at Mt. Prospect, Illinois., May 24, 1999


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