SPECIAL BOARD OF ADJUSTMENT 1063
Case No. 82
Award No. 82
Parties to Dispute:
Brotherhood of Locomotive Engineers
and
Norfolk and Western Railway Company
Statement of Claim:
Claim of Lake Division (Columbus District) Engineer
M. R. Osborne, for the removal of a Letter of Reprimand
and pay while attending the investigation held in
Columbus, Ohio on May 13, 1994. Mr. Osborne was
charged with his responsibility in connection with the
improper performance of duties in that the crew of
L33L8 took an excessive amount of time switching
fifteen (15) freight cars from 4:05 p.m., to 8:30 p.m.,
in the vicinity of Watkins Yard on January 25, 1994.
Opinion of Board:
While working Assignment L33LB on January 25, 1994, in
Watkins Yard, Columbus, Ohio, Claimant's crew was ordered to
perform certain shifting moves between 4:05 p.m. and 8:30 p.m.
The Yardmaster reported the crew did not perform this work
efficiently and in an expeditious manner, consequently they were
charged with taking an excessive amount of time in switching
15 cars, and Claimant was given a reprimand.
Our evaluation of the transcript does not support the
Carrier's conclusion that Claimant was remiss in the performance
of his duties on the date in question. There were a host of
extenuating circumstances which played part in the amount of time
consumed by the crew, including but not limited to, bad weather
and the special rules applicable in Watkins Yard requiring the
lead man to walk the switching move into the track if there are
cars on an adjacent track. Moreover, the charge of excessive
time for switching fifteen cars is not an accurate description of
the number of cars shifted to retrieve the fifteen cars. We
believe there is a lack of substantial evidence to support the
discipline imposed in this case so we will sustain the claim for
SBA 1063 Case 82
Award 82
Page Two
removal of the reprimand from Claimant's record and compensation
for the time attending the hearing, which we understand is a four
hour minimum payment:
Award:
Claim sustained.
Dated at Norfolk, Virginia, this day of '
1995.
_ j
William F. Euker, Neutral Member
K. J. 0 Er n,/,Carrier Member
P. T. Sorrow, Organization Member
Carrier File: EE-CO-94-7
Org. File: D-511-94-1