Brotherhood of Maintenance of Way )
Employees Division - IBT )
Rall Conference )
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and )
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SOO Line Railroad Company (CP} )
Case No. 40 Award No.40
System File No. 0·18-16-390-03
On March 1, 2016, the Carrier Issued to Claimant M. Costa a notice of formal investigation and hearing. The notice stated, in part, the following:
"The purpose of the investigation and hearing is to develop all facts and circumstances and place responsibility, if any, for [your) alleged involvement in an incident involving a derailment on the Yard Track at Oakland/Dunn in St. Paul on Friday, February 26, 2016. This indicates a possible violation of, but Is not limited to, the following rules:
GCOR Rule 1.1 Safety
GCOR 1.4 Carrying Out Rules and Reporting Violations
Red Book of Track Requirements, Section 14 Track Inspection
Red Book of Track Requirements, Section 9.2 Maintenance of Bolted Rail"
On March 22, 2016, the formal investigation and hearing convened wherein Claimant and his representative were afforded the opportunity to present testimony and other evidence as well as examine the Carrier's witness and fourteen (14) exhibits.
On April 7, 2016, the Director of Engineering Works notified Claimant that the investigative hearing established Claimant's violation of GCOR Rule 1.1 Safety, GCOR 1.4 Carrying Out Rules and Reporting Violations, Red Book of Track Requirements, Section 14 -Track Inspection and Red Book of Track Requirements, Section 9.2 Maintenance of Bolted Rail. Claimant was assessed a ten (10) day suspension with five (5) day suspension served without pay for the violations.
On May 10, 2016, the Organization and the Carrier agreed to progress Claimant's discipline dispute for resolution before this Board "utilizing the abbreviated procedure provided for in Paragraph (K) of said PLB Agreement."
PU3No, .7544
case N.o•.4o
Awa.rd o.40
Findings
Pubitc Law Bpard No. 7S44i upan the hote: record and all the evklem:e, finds that theparties herein are Carrlet and Empfoves withln the meaning of the.Rallw v tab()r Act, aomended;thattheJloard h.ls jutisglctlon r the dispute herein; and that the parties to the dispute were given due.noti1;e of the
hearrnsand didPlU'titjpate ther lri,
t.:onststentw.ith theJ>l.B Agreement for this Boardf theevtdenf ry record i1J this proceedinf IScomprised'
of thefollowl (A) notice of investigation, (B)transmpt ()f ttwestJgationand aU related exhibit$,, (C)
<Jlstlt:itlne asses1rnent letter andJD) on-property correspondence,-tated to prti$ression ofthe claim.
There fssubstantiahavidence that Clalmantvlolated.Section 14,...Track t11spectt9n; Sectiort 14.4.0, Key Inspection ems partAiSubpart Vil{"When tnspecting track, pay particular attention to .•• higb cut spikes and brokenscrew spikes");n,d ctlpn14,$;Tra<:k lnsl)e(;tton IU!ms:, rvtetnods, IJd ActioflS t"Ties: walking and()bservefoo1:koken, spltt,spikekUJed. plate cu l,
The evidence. istheprotruding, rustyspikesarisln above th bQlla$t at the pqtq f (Jerailment; theni weteatJeasix (El} tfl!S With rusty spllce$elevated about five fi}im:hes outofthe ballast. Tbese:were readlly observed by thed ilmenUnspectlon team. TI'!is ln.:ticates a.defect in.the tl"llt::k such as a vveaktrted track structure. On February 23f 016, Clalmantconducteda WalktntJ rospection of - on both sides of the point of derailmemt withQUtJip lclng this track defect indicator. Slnce the violation of Section14-Truk lnspectit>n is supl)Orted by substantialevidence:, thed ipline asses Is not arbitraty, caprl(:fous oral) abuse ofdlscretlorrandwlll•remain t.1ndisturbed.
Claim denied,
Patrtck Hatter
NeutralMember
Dated on thls....a1Lday of July • 20.!Z
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