PUBLIC LAW BOARD NO. 1844
PARTIES TO TEIE DI SPUI E :
Brotherhood of Maintenance of Way Employees
and
Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days actual suspension and sixty (60) days
deferred suspension of Machine Operator D. L. Jewson
was without just and sufficient cause and wholly disproportionate to the alleged offense. (System File
D-11-8- 500)
(2) Machine Operator Jewson be compensated for all time lost
during this seventy day period, the ten (10) days suspension be stricken from his record and the sixty (60) days
deferred suspension be retracted due to violation referred
to in part one (1) of claim.
In this claim, Machine Operator D. L. Jewson, received a ten (10) day
actual suspension (which triggered a sixty (60) deferred suspension) for a
total time off without pay of seventy (70) days. Following due notice and
proper hearing, Carrier imposed the discipline upon Claimant for his "responsibility in connection with collision between Extra 6812 East (406) and Track
:Machinery at about 9:17 A.M., October 26, 1978 at about M.P. 47 on the Adams
Subdivision".
The facts essentially are not contested on this record. It shows that
on October 24, 1978 Claimant and the gang of which he was part were doing
resurfacing work between M.P. 47 (West) and M.P. 44.5 (East) on the Wisconsin
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Subdivision. The gang was working under a Form Y Train Order and Operating
Rue E99 (Ca :
1;99(cj. When a main track is to be obstructed or made
impassible, a red flat; by day and a red light or red
reflector by night must be placed not less than 800
feet in advance of the obstructed or impassible track,
and at a point two miles in advance of the red signal
a yellow-red flag must be displayed.
The gang displayed a red-yellow board at
:M.
P. 49 and a green board at M. P. 44.5.
However, the gang placed the red board at M.P. 47 and then commenced work just
inside the red board. Claimant's machine was the most eastward, located
approximately 100-200 feet inside the red board. At about 9:15 A.M. westbound
Train 406 came through the red board at speed and struck Claimant's machine
and the other machines on the track.
.'fin investigation into the responsibility of all employees involved
establishes the negligence of the train crew and of the resurfacing gang
foreman. However, the culpability of other employees who also were disciplined
does not relieve Claimant of personal responsibility for his failure to comply
with the clear requirements of Rule E99 (Cj . We cannot conclude that Carrier '"~`
acted unreasonably in the fact of a proven violation of that Rule when it.:
flr,n Iy~,GG
imposed progressive discipline to texercise the need for compliance with safety
rules in dangerous operating situations.
FINDINGS:
Public Law Board No. 1844, upon the whole record and all of the evidence,
finds and holds as follows:
1. that the Carrier and Employee involved in this dispute are, respectively, Carrier and Employee within the meaning of the Railway Labor Act;
2. that the Board has jurisdiction over the dispute involved herein; and
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.a.
that the Agreement way not violated.
Claim denied.
I~na E. Ez. Ezs~Tn, Chb~i_-
G. Harper, Employee Me-i-nU-er-
l
R. W. Sc iege,=<arrier
hyer