SPECIAL BOARD OF ADJUSTMENT 1063
Case No. 185
Award No. 185
PARTIES TO DISPUTE:
Brotherhood of Locomotive Engineers
and
Norfolk Southern Railway Company
Norfolk and Western Railway Company, et al.
STATEMENT OF CLAIM:
Claim of Engineer T. E. Redwine, Georgia Division North
District, for pay for all time lost in connection with
alleged violation of Norfolk Southern Operating Rules
GR3, 101, 105, 108, while he was serving as Engineer on
Train No. 360, March 3, 1995. Investigation conducted
March 10, 1995. Article 31, Schedule Agreement.
OPINION OF BOARD:
On March 3, 1995, Claimant Engineer was operating Train No.
360-G in Industry Yard, Georgia, when his locomotive struck a
Tractor Trailer parked adjacent to the railroad right-of-way.
The particular Trailer that was struck, was in a line of
trailers, but it was parked two feet eight inches over a painted
yellow containment line and was fouling the track. The impact
damaged the Trailer and the locomotive's bay window. The grab
iron on the lead unit was damaged but the crew alleges this
occurred when the Industry employees were moving the damaged -
trailer away from the locomotive.
Following trial on a charge of violating various Operating
Rules, Claimant was assessed a twenty (20) day deferred
suspension which, in turn, activated a previous ten (10) day
deferred suspension. This is an appeal from that discipline.
As noted earlier, the trailer that was struck was parked
along an irregular line of trailers, however, unlike the
remaining trailers, it was parked two feet eight inches over the
yellow line fouling the track. Industry personnel were
responsible for placing the trailers behind the yellow
containment line, providing clearance-for the railroad right-ofway. The trial record indicates that was not done in this case.
It is axiomatic that Carrier employees are not always able to
rectify the mistakes of others, although it is commendable when
they do. We are not persuaded the evidence proffered at the
investigation convincingly establishes Claimant's culpability in
this case.
SBA 1063
Case No. 185
Award No. 185
Page Two
FINDINGS:
The Agreement was violated.
AWARD:
Claim sustained in accordance with the opinion.
ORDER:
The Carrier will make the Award effective within thirty (30)
days of the present date.
Dated at Norfolk, Virginia, this
gAvf-7
day of,
1997.
~·,-c ~
W. F. Euker, Neutral Member
K.&Z.
''Brien, Carrier Member
P. T. Sorrow, Organization Member
Carrier File: ZE-ATLN-95-8
40
Org. File: A296-316D