PUBLIC LAW BOARD
-- N(). 6461
Case :'yo. 16 Award No. t6
PARTIES
to
DISPUTE
:
STATEMENT CAF CLAIM
:
Brotherhood of Maintenance ofWay Employer
-and
Grand Trunk Western Railway
Appeal of the discipline of a 4-day suspension
imposed on Justin Macko,
FINDINGS; This dispute arose as a result of the Carrier charging the claimant with the following
offense:
"Your alleged violation of Canadian National l Illinois Central
Railroad On-Track Safety Rules effective June
2"d
. 2002,
R ule 100 which reads as follows:
SECTION 1: INTRODUCTION
100. Fouling the Track
each roadway worker is responsible far determining that
on-track safety is provided before fouling any track or
assuming a position from which he or she could potentially
foul a track
A roadway worker or roadway machine is fouling a track
within fear feet of the field side of the near running rail.
This incident occurred when you parked Aspen Truck #57234k3
within the four feat fouling point at Milepost 102.5, Holly subdivision,
and were struck b Train 393 traveling West at approximately 12:25 pm
an September 18~ 2003 causing damage to the passenger side dear
and fender of the vehicle.='
At the September %3, 2403 formal investigation. the claimant was forthright and admitted that
fie made a mistake by parking his truck tea close to the track with the door left open, and took
full
responsibility
for fouling the track. Therefore, based on claimant's admission of guilt, the
hoard concludes the Garner d_d not misuse its discretion when it assessed discipline, thus i will
not intervene in this matter.
PLB No. 6461 C-16JA-16
Page 2
AWARD
: The claim is denied.
Francis J.
zalski
Neutral a ber
A
P-7 16Z64-14~
rilyn . vacs Perry K. Geller, Sr.
Carrier Member Organization Member
Dated:
~ `ab
-0
L/
r