SPECIAL BOARD OF ADJUSTMENT 1063
Case No. 202
Award No. 202
PARTIES TO DISPUTE:
Brotherhood of Locomotive Engineers
and
Norfolk Southern Railway Company
Norfolk and Western Railway Company, et al.
STATEMENT OF CLAIM,
Claim of Norfolk Terminal Engineer S. C. Patrick for
the removal of sixty day actual suspension from his
record and pay for all lost time for his responsibility
for failure to stop short of an obstruction banner
September 12, 1996, on R-1 Lead, West End Empty Yard.
OPINION OF BOARD:
On September 12, 1996, the Claimant was working Assignment
No. NL27 Empty Yard, Norfolk, Virginia. While proceeding
westward on R-1 Lead track, with a train of fifty-eight empty
hopper care around an eight degree left-hand curve, the Claimant
passed and ran over an obstruction banner that had been erected
by Carrier officials, who were conducting efficiency checks.
Claimant alleged he could not see the banner from his position on
the right hand aide of the locomotive. The Claimant also
insisted he did not receive proper communication from his
brakeman, who was riding on the left side of the engine, to
forewarn him of the obstruction.
Following trial on a charge of failure to stop short of an
obstruction banner, Claimant was assessed sixty (60) days
suspension, which is the subject of this appeal.
As is their customary procedure, carrier conducted a sight
test to determine the range of visibility from the Engineer's
aide and concluded the banner was visible at seventy-three feet,
if the Engineer was standing, although it then disappeared as the
engine moved closer. From the opposite side of the engine where
the Brakeman was positioned, it was asserted the sight test gave
him a better view of the banner, but unfortunately, his method of
communication left something to be desired.
We have examined the relevant facts and rules plus the
results of the two eight tests and are persuaded by the
Organization's argument that both sight tests were performed
under controlled situations where the individuals operating the-
SBA 1063
Case No. 202
Award No. 202
Page Two
engine knew there was an obstruction on the track and were
looking for it. We also believe the Claimant's final statement
at the trial makes out a convincing case for softening the
discipline. We will reduce the assessed discipline from sixty
(60) days to thirty (30) days, with Claimant to be compensated
for the difference, if the time has been served, and his
discipline record adjusted accordingly.
FINDINGS:
The Agreement was violated.
AWARD:
Claim sustained in accordance with the opinion.
ORDER:
The Carrier is directed to make the award effective within
thirty (30) days of the date of this award.
Dated at Norfolk, Virginia, this day of
pG',
1997,
W. F. Euker, Neutral Member
K. 'J. 'Brien, Carrier Member
P. T. Sorrow, Organization Member
40
Carrier-File: EE-LPY-96-7