The Board, after hearing upon the vvhoie :ecord and all the evidence, finds that the parties herein are Carrier and Employee with=n the meaning of the Railway Labor Act. as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing the=eon.
Contrarv to Carrier contentions the record :ails to establish that the Claimant, an Engineer on Train f 6?-09. a local assignment. had a shared resnonsibilitv along with the Conductor for the improper pulling and sporting of :arts for a customer, GenCorp, at about l l :lf PM on June 9. 1997.
The incident involved a complaint 'hat the crew had improperly switched GenCorp by pulling four loads out of track rails = and ! and placing them in track rails d and 6 instead of placing empty cars into the facilir:.
Nothing of record shows that the Claimant had been privy to information as to the precise details of the switching or service mo·. es in question. As both the Conductor and Brakeman of the assignment testified. alt: ouoh the Claimant had a general knowledge of how GenCorp was serviced at sore :lines in the past. he did not have a switch list as to where cars were to be specifically niaced. ;rotted or removed from the facility. Nor does the record establish that the Claimant :;as either a part of or aware of any alle,.zed discussions between the =round crejv members and the representatives of GenCorp as to how the%- desired the plant be se^:iced ._n -.he date at issue. It appears that the Claimant relied on and responded to radic .:cr=ands from a.e Conductor and the Braken:an as to n'IOVe111en2 of -lie engine consist ~1'. :..~ .:a::~l.'·ng ana Switching of cars for th a facillt~'.