PARTIES TO
WE
DISPUTE:
Brotherhood of Maintenance of Way Employees
Chicago and North Western Transportation Company
STAMIENT OF CLAIM
Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) day suspension of Section Foreman Leon Walton,
assessed by letter dated December 15, 1978, to be effective
November 16, 1978, was without just and sufficient cause and
on the basis of unproven charges. (System File D-11-3-287)
Section Foreman Walton be allowed compensation for all time
lost and his personal record be cleared of the discipline
assessed.
OPINION OF BOARD:
Claimant, a Section Foreman at DeWitt, Iowa, with fourteen years seniority,
was held out of service without pay November 16, 1978 following a derailment
of a train on November 1S, 1978. After investigation on December 7, 1978
Claimant was found guilty on the following charge:
Your responsibility to properly secure switch at
Mechanicsville,, Iowa which resulted in the derailment of 14 cars of Extra No. 6883 East at approximately 3:14 P.M. on November 15, 1978.
In addition to Claimant, three other employees (the Assistant Section Foreman
and two Welders) also were charged. As penalty for his alleged negligence,
Claimant on December 15, 1978 was assessed a thirty (30) day actual suspension,
counting time already served and he returned to work on December 18, 1978. The
instant claim was timely filed protesting his discipline and denied at all
levels of handling on the property.
1.
2
Close examination of the record persuades us that this discipline was
wrongly imposed. On the afternoon in question, Claimant and some fifteen
other employees in various crafts were working at a derailment location
repairing track and roadbed. At approximately l:IS P.M., Roaster Knutsen
arrived at the scene and supervised operations for the next couple of hours.
Claimant and Assistant Section Foreman Mosley completed installing a switch
on a switch stand under Knutsen's observation. Mr. Knutsen ascertained that
the men did not have a switch lock but that they were aware of one in his
truck. After Claimant and Mosley completed installing and testing the westbound switch under Knutsen's direct supervision, the Roadmaster directed two
Welders at the scene to build up the point on that westbound switch. Knutsen
then took Claimant and Mosley with him to work on the eastbound switch. The
Welders spent some time.building up and grinding the point, including throwing
the switch to permit grinding and to test for fit. In the meantime, Claimant
was working with the Roadmaster and others on the eastbound switch. At
approximately 3:00 P.M., Claimant was sent away from the scene to get supplies.
While he was gone, at approximately 3:15 P.M., a train passed over the westbound switch and derailed.
The record establishestclearly that the welding and grinding work was
performed on the switch long after Claimant had completed his work. The
welding crew manipulated that switch in the performance of their work. Any
causal nexus leading to Claimant was broken by this intervening cause.
Carrier erred in holding Claimant responsible for the switch not being locked
at the time the train passed over it. The evidence clearly requires that the
discipline be reversed.
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
rcy xi i , ~.--~''.--'
G. Harper, EmployYe Member
3. that the Agreement i~tas violated.
AWARD
Claim sustained. Carrier is directed to implemented this
Award within thirty (30) days of issuance.
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".~scTzeny
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R. IV. Schmiege, arrier I~1 r