SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 88
Parties to Dispute:
Statement of Claim:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway
Claim on behalf of J. M. Smith appealing a thirty (30) day suspension which resulted
from a formal investigation held on February 18, 1998, in connection with his
improper performance of duty as an assistant crane operator in that on October 8,
1997, at Berry Yard, while working with crane RG 7601-B40N, gondola NS 990156
was cut off and to be controlled by hand brakes without properly checking to ensure
that the hand brakes on the car were in good order.
(Carrier File MW-FTW-97-1 11-LM-575)
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.
This award is based on the facts and circumstances of this particular case and shall not serve as a
precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board
finds that the claim should be disposed of as follows:
Although Carrier met its burden of proof in this case, the discipline assessed Claimant should
have been commensurate with that of the crane operator who was also disciplined in the incident and
received a twenty-day deferred suspension. Claimant's discipline will be reduced to a twenty-day
deferred suspension. To the extent of the findings, the Claim is partially sustained.
R. A. Lau
Organization Member
C. P. Fischbach
Chairman and Neutral Member
Issued at Chicago, IL on May 13, 1999
P
2 /~
D. L. Kerby
Carrier Member