SPECIAL BOARD OF ADJUSTMENT NO. 1048
AWARD N0.150
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of B. M. Jefcoat requesting that he be made whole and returned to
service with pay for all time lost, with seniority and vacation unimpaired, as a result of
his dismissal from service following a formal investigation held on November 11, 2005,
for his colliding with a bridge and receiving a citation for "failure to obey highway
signs" causing extensive damage to a material handling truck, a Sprint fiber optics cable
and minor damage to a private vehicle.
(Carrier File MW-ROAN-05-20-LM-335)
Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are
carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly
constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.
AWARD
After thoroughly reviewing and considering the record and the parties' presentations, the Board finds that
the claim should be disposed of as follows:
The record reflects that on September 28, 2005, Claimant was driving a material handling truck with a
boom that required 13 feet, 1 inch of clearance when he attempted to go under a bridge that had only 11
feet, 3 inches of clearance. The bridge's clearance was clearly posted. Claimant simply forgot about the
boom. The resulting collision caused significant damage to the truck and a Sprint fiber optics cable and
caused minor damage to another motorists' vehicle. Carrier proved Claimant's responsiblity for the
accident by substantial evidence.
However, in view of Claimant's 24 years of service and the absence of any discipline on his record for
the 8 years preceding the accident, we find the penalty of dismissal excessive. Claimant is to be
reinstated to service with seniority unimpaired but without compensation for time held out of service.
",-~AA
Chairman and Neutral Member
D. . artholomay D. L. Kerby
Org ' ation Member Carrier Member
Issued at Chicago, Illinois on October 30, 2006