4)tlLIC LAW BOARD "_ NO.
VT?I·
Case' .N_). 15
Brotherhood ot'Maintenance of Way Employes
-and
Grand `I'runk Western Railwav
1'A H'T'I ES
to
1)fSP'L`Fk;
:
STATEMEN'I`
01
C'.LAUN1:
Aiir'at'd
NQ. 15
Appeal of the discipline of a permanent disqualification
from operation of a!! rubber tired company vehicles;
including backhoes and front end loaders, imposed on
William Olin an September 30,
FINDINGS
; This dispute arose as a result of the Carrier charging the claimant with the following
offense:
°your alleged responsibility, if any, for violation of CCUS
Operating Rules effective June 2, 2002, General Rule C
which reads in part as follows:
Operating Rules C - Alert and Attentive
Employee must take care to prevent injury to themselves
and other They must be alert and attentive when performing
their duties, observing the condition of equipment and tools
they use to perform their duties.
This occurred on F=riday. August 29", 2000 when you were observed
crossing a double yellow line and running a red light -while operating
a company vehicle."
At the September 15, 2003 hearing, two of the claimant's co-workers (Messrs. J. Rosser and
cue.
Nirno) from the same bargaining unit, testified that on the date in question, they observed the
claimant operating a company truck in an erratic manner They stated they were ether a
passenger in his vehicle or driving behind him in another vehicle, when they observed him
disregarding several yellow and red light signals and was driving carelessly when he crossed
saver the center line on several occasions.
PLB No. 6461 C-151A-15
Page 2
Conversely, in his defense, the claimant admits that he drove through several yellow lights,
but steadfastly denies that he drove through a red light or that he crossed over double
centerlines.
After a thorough review of the record. I found the claimant's testimony to be contradictory,
self-serving and specious. Therefore, considering all of the factors involved in this case, I find
the Carrier properly concluded that the claimant was guilty of the offense for which he was
charged. Thus I deem the disqualification shall remain in effect, however, after September
the claimant will be allowed, if he so desires, to make a written request for a joint evaluation to
oemonstrate his ability to operate company vehicles
AWARD
: As specified in the Findings.
Marilyn J. Kovacs
Carrier Member
Dated:
Francis ,trrD~)'mzalski
Neutral Nber
Perry K
Geller, Sr.
Organization Member