PUBLIC LAW BOARD N0. 6567
Parties:
Brotherhood of Locomotive Engineers
And
Union Pacific Railroad Co.
Statement of clai;n:
Claim of Engineer G.E. Br--d?man ihereinafter claimant) for compensation for all
time lost, including time lost attending investigation, in connection with
assessment of Level 4 Upgrade and 30 day suspension.. Further, claimant's
annual vacation rights should be .restored. Claimants personal record to be
expunged of any notation pertaining to this case.
Background:
Claimant entered carriers service
1972.
transferred to train service in
1973,
and became
an engineer in 1979. On the date of this incident (January
29,
_001) claimant was
operating train identified as NfRORV-=9 between Elko, NV and Sparks, NV.
While performing switching at Elko, the cr:%v, consisting of claimant and Conductor
Nelson, were required to double over track 1? to track
17.
To complete this move the
conductor remained at the switch leading :o track 1 7, a distance of some 40 car lengths
from the claimant. `-hen the conductor signaled claimant to reverse directions, the
reverse was commenced however, the movement stopped after approximately five (5) car
lengths. It vas subsequently discover°d than the °_ngines had operated through = spring
switch and had derailed upon reverse -noeement. it became evident that claimant
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As*.
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overlooked the spring switch due to his being on the north side of train and the switch
and switch stand were on the south side of the train.
Carriers position
Claimant was responsible for operating the spring switch, which his engine had passed
through. Making a reverse move after operating through the spring switch caused the
derailment of two (2) engines and thre°_ (3) cars..
Organizations position
This operation was being handled with a two (?) man crew. The crew consisted of
claimant and his conductor. The move was to double over track 12 to track 17. This move
required that the conductor remain at track 17, some four thousand feet away from
claimant engine. In pulling track 12, the claimant's engines passed over a spring switch.
When the conductor si gnaled for a reverse into track 17, the reverse move caused a
deraiimert at the spring switch. .admittedly, claimant overlooked the spring switch, as the
switch stand and target were on the south side of train while claimant was on the north
side.
Prior to the hearing of F ebrtary _ 1. 200 1 claimant was contacted by Mr. Gauthier and
was informed that he would be offered a L eve! 3 Upgrade. Subsequent to this claimant
was charged with a Level 4 Up~7ade with a 30-day suspension.
Findings:
This unfortunate incident can only tie attributed to operating with a reduced crew.
Claimant admitted his degree of culpabfity. However. the offer advanced by the Carrier
is considered bonafide by this noard. Ti:e caller is directed to .-educe the :discipline to a
Level _3 Upgrade.
- . P1.8 No, 6541
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No. tD
Award:
Claim disposed of in accordance with the findings above.
~O
~f'7-z
Leonard Foster-Neutral Member of the Board
Date