PUBLIC LAW BOARD NO. 7163

PARTIES TO

DISPUTE

) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION,

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

) CSX TRANSPORTATION, INC.

STATEMENT OF CLAIM:

The Carrier's discipline (dismissal) imposed upon Mr. R. Oster , by letter dated August 30, 2019, in connection with allegations that he was in violation of CSX Transportation Rules 104.2(a), 104.3(d)(e), 104.7(d), 707.2(8), 707.8 and 707.13(1)(2) was arbitrary, unsupported, unwarranted and in violation of the Agree ment (System File DRA905819/19-98769CSX).
As a consequence of the violation referred to in Part I a bove, '*** the Carrier must clear all mention of the matter from Claimant's personal record with rights and benefits unimpaired and compensate him for all loss suffered. This loss includes, but is not limited to, any straight time, overtime, double-time or other Carrier provided compensation lost as a consequence of the discipline. It also includes healthcare, credit rating, investment, banking, mortgage/rent or other financial loss suffered because of the discipline.' (Employes' Exhibit ' A-2' ).

FINDINGS:

The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

PUBLIC LAW BOARD NO. 7163

AWARD No. 489

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The material facts in this case are undisputed. On July 16, 2019 Claimant was providing track protection for a contractor operating an excavator in a territory carrying both freight and passenger traffic. With about eight minutes left on his track authority, Claimant gave permission for the contractor to enter the track to get around a signal bungalow. While exiting the track, the contractor, without realizing it, had knocked the track out of line by approximately five inches. Claimant permitted the contractor to remove the south red board, and then authorized train move ment through the territory without verifying that the contractor was in the clear and that the track was safe for train operations. Ten minutes later, a northbound train crew saw that the track was mis aligned and put their freight train into emergency. Unable to stop in time, the train derailed eleven cars and one axle of the lead locomotive. Following an investigation in connection with this incident, Claimant was dismissed from service effective August 30, 2019.

With Claimant's admission of culpability in connection with this incident, the Board must find that the Carrier had substantial evidence to support its charge against him. We note, however, that Claimant had nineteen years of service at the time of this incident, with no other active disci pline on his record. In fact, it is evident that he had no discipline in the eleven years prior. In light of his record of employment with the Carrier, the Board finds that the discipline imposed in this case

was excessive. Without minimizing the seriousness of Claimant's offense, we will, therefore, direct that he be reinstated to service with seniority rights unimpaired, but without compensation for time lost. Upon his return to work, he should be expected to perform his duties in a safe and conscien tious manner. Future violations of this nature may result in his permanent dismissal.

PUBLIC LAW BOARD No. 7163

AwARD No. 489

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AWARD: Claim sustained in accordance with the above Findings. Carrier is directed to comply with this Award within 45 days.

airman and Neutral Member

Ross Glorioso Employee Member

Dated: 1/12/2022_ Arlington Heights, Illinois

John Nilon Carrier Member