The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
Claimant was assessed a 15-day suspension for violating Carrier rules regarding the fouling of track without proper protection on August 2, 2004 at Mile Post 152 near Lauderdale, Mississippi. At the time of the incident, Claimant had approximately 21 months of service. The imposition of the suspension also required Claimant to serve a 5-day suspension that had been deferred from a previous disciplinary action.
The record establishes that Claimant was the foreman of Gang 10 1 installing crossties in the main line. He had properly arranged for authority to occupy the track until 5:30 p.m. or until voided. At approximately 5:00 p.m., Claimant experienced difficulty contacting the dispatcher by radio. He used his cell phone to report the problem to the dispatcher. While engaged in that phone conversation, the dispatcher asked if Claimant wanted to release his track and time authority. Claimant responded affirmatively. Shortly thereafter, other members of his gang reminded Claimant that some of his track machinery was still fouling the main line. Although Claimant took immediate action to protect the machine and clear the track, the machine continued to foul the main line for several minutes thereafter. Fortunately, no train traffic entered the work area during that time.