PUBLIC LAW
BOARD NO. 6461
Case No. 6 Award No. 6
PARTIES Brotherhood of Maintenance of Way Employes
To - and -
DISPUTE: Grand Trunk Western Railway
STATEMENT OF CLAIM:
Appeal of the discipline of dismissal imposed
on Gregory Reid, effective November 16, 2001.
FINDINGS-. On October 20, 2001, claimant eras given a .^^tice charging him with the `allowing
offense:
"Alleged violation of Rule 1004 of the CN On-Track Safety Rules,
and Rules 3240, 3242 and 3243 of the GT Safety Rules Maintenance
of Way and Structures, Communications and Signal Employees.
The above charges are in connection with a collision between the
Ad7er Kribber Unit (KAK 9400) which you were operating and
Speed Swing #434-48 at mileage 23.73 at approximately 1430 hours
on October 17, 2001 while you were employed as a 2°d Class Machine
Operator. The collision resulted in personal injuries to 3"t Class
Machine Operator, Ronald Duncan and Trackman. G. Colson and
caused approximately 55,000.00 damage to Speed Swing #434-48
and a pre-gauger unit.
You are also charged with alleged insubordination and failure to comply
with instructions in that you allegedly refused to comply with the direct
order that you must submit to drug and alcohol testing. This order was
issued to you by A-ezistant Superintendent Engineering. R. O. Papa. at
approximately 1700 hours on October 17, 2001 at Mt, Clemens, Michigan-"
At the outset, the Organization has advanced several contentions; namely, that the hearing
was held over their protests in absentia and, it was not fair and impartial.
A review of the record shows that after several postponements, the hearing was held in
absentia on November 5. 2001. While the Board prefers to review hearings which include the
PLB No. 6461 C-6/A-6
Page Z
claimant's testimony, given the efi'orts made by the Carrier, we find no basis to set this claim
aside because of his absence and conclude that he was given a fair and impartial heanng.
The transcript of the hearing reveals that the operator of the Speed Swing Machine, which
was struck by the claimant, followed proper warning procedures prior to stopping his machine.
The claimant on the other hand, did not follow proper safety measures prior to him operating the
self-propelled machine nor did he exercise good udgmer: in the operation of said machine.
Clearly, had he been more vigilant and safety conscious, the accident could have been prevented.
With regard to the charge of insubordination, the record
is
abundantly clear that claimant
steadfastly refused to follow a direct order to take the required drug and alcohol test. The
foregoing is supported by the testimony of Mr. Papa, and confirmed by Mr. Siebert who
witnessed Mr. Papa giving the order to the claimant.
Based on the hearing transcript, we find the weight of evidence conclusively shows the
claimant is guilty of the offense for which he was charged. Therefore, in consideration of the
seriousness of the proven offense, we will not disturb the Carrier's disposition in this case.
.AWARD: The claLn is denied.
Frana$ li nnrtvae
,
Neutyal Member
I'larilyn 7 Kovacs. Perry K. Geller, Sr
Carrier Member Organiwion Member
Dated: F,.23-D2