PUBUC LAW BOARD NO, 7544
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RaH Confe,ence )
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SOCJ Line Rallroad company (CPJ J
O.seNo.61
System Fife No. D-2:Z0.16-445-115
eaclwound
On December Ur 201$, thecarrier l!SUed to Claimant P, Palermo-a notlct? of formal Investigation and
heartna. Thenotice stated, lrt part;.thefollowing:
"The putp<>se of this rnvestigatlon/hearfngIs ta determine thefacts and drcumstances and to plac:e responslblltty, If any, In connection with your alleged failure to remove locks andtags from switches used to establish on track protection at Cottage Grow, which cauaed delay to.swttchlng operations on Dtcember 2"", 2016. This Indfc:ateu po.sstble violation ofi but IJnot lfmlted to, the following rulest
> GCQB 1.2t..AvQldJn1Petm
>· ors22,1·- Employee incttam
:> OlS 29,4• Erriptgyee Responsible toronDack Protection
> QTS 30,1-Cgnducffmla Job Br1aflnit"
On January 10, 2017, the lnvestlgatton and hearlng.eonvenedwhereln Clatmantand his representatlvt were afforded the opportunity to present testimony and other evidence as welt asexamine thecarrier's witness and five(SJ exhibits.
on January 25, 2017,. the Assistant Chief Ens1neer- St. Paul issued .i.decision (etter stating that,the record of the proceedtng established Claimant's violations of GCOR 1.29, Avoiding Delays, and OTS 30.1, Conducting a Job Brleffn& Based on the violations, CP assessed aatmanta ten (10) dayunpaid suspension. Claimant also served. a five (S) day,suspension which had been held Inabeyance:since
Au&U$t 19, 2016, tor vtolattons of OTS 30.1• Conducting a Job·Briefingandsafety Handbook E-23,
Personal Protective Equipment and Clothing Charts· Hearing Protactlon.
Oh March 23,1017, th«Organlzatlon andthe carrier agreed to prosress Claimant's disclpllne disputefor resolution before thts Board usingtheabbreviated procedure provided for In Paragraph (K) of the PLB Agreement.
F)ndllJgs
Pl No. 7544
Oise No.62'
AwardNo.62
Pul>Uc Law Board No. 7544, upon thewhole record and all the evfdence, finds: that the partiesherein are,, Carrier and Employeswlthfnthemeaning af theRallwaylabor Act,.asamended; that the Board has, jurisdiction over the dispute herein; and that the parties.to the dispute were given due notice.of the heartns anddid partrcrpate theretn
Consistent with thePl8 Agreement fot this Board, theevfdentlary record Inthispr<let!edfng f5,comprised' of thefolfowlns: (A) notice of lnvestfptfon, (&) transcript of lnveitfgatfon and all related eJChlblts, (C) dlsclpline assessment letter and (D}on-property correspondence related to progr,mlon of the dafm.
On December 2, 2016; Claimant was partofa two(2)person surfacing crewat Cottage Grove Yard. dafmant's co-worker operatedthetamper handllngthe track worfc and Claimant oper,rted theballast regufator performfn1the finishing work (moving rock to theshouldert. Ctarmant was thelast empfove• on thettack crossing aswltch In the allast regulator anddearfns thetrackat 4:00 p,rri.; Claimant
Informed the Manager ..Utfllt't Ctewt.that the switches werelined Op for protection andthe locks.and
tap were remcwed 'from the train engine. The Manaaer discovered at 6:00 p.m. thatClalm1mt had not removed the,locks a.nd tap from the train enslne. Clafmant lfned theswlteh In thewrongdirection and had' notremo d thelocks and tass. With theswitch fined In thewrongdirection the train engtne.w•
delayed accessrns .the track. As thelast employee onthe track.hewas.the E'mptovee In Charge. . ·
responsible forremovln& the tock and tar, but hefailed to do$0, and he dfd not conduct.a debriefing on this mattetwlth his co-workerortheMana r. Cfafmant unnecessarlly caused atralrutefay by not removtngthetraclt protectlon. Ths BoardflndUhatthe previousday (December ·1,, 2016) Manager spoke wltl'JClaimant about {1) lifs leavtnf a lock onanengine that caused a delay Inoperations and (ll; the Importance of removing track protectfQA andconductln& a brleffn1+
There Issubstantial evidence tosupport the Carrier'sdecision that Cfafmant.vlolated GCOR 1. 291 Avoiding OelaYt and QTS30.l,.Conductina a Job Briefing. The discipline Isnotarbitrary oranabuse of discretion andremafns undisturbed. Therefore; the claim Is denied. In rendering thl$ decision, the, Board considered all Orsanlzatlon arguments and evidence presented In Claimant's defense
Claim denied.
Anthony Mosso
Carrier Member
Patrick Halter
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Neutral Member
Ryan Hidalgo
Organization Member
Dated on this ...51£ day
Of .,1a,,I , 2018
PLBNo. 7544
case No.62 Award No.62