SPECIAL BOARD OF ADJUSTMENT NO. 306
THE ORDER OF RAILROAD TELEGRAPHERS
VS.
THE NEW YORK, NEW HAVEN & HARTFORD RAILROAD COMPANY
STATEMENT
OF CIAIM:
"Claim of the General Committee of the Order of Railroad Telegraphers on the New York, New Haven and Hartford Railroad that:
1. The Agreement between the parties was violated when, on
August 13, 1959 Mr. McNamara, operator, Signal Station 214,
Hartford, Connecticut, was improperly disciplined in an abuse
of managerial authority and in an arbitrary and discriminatory
manner at variance with the evidence, and
2. The Agreement was further violated when on August 13, 1959
Mr. M. Mendes, Jr., operator, Signal Station 214, Hartford,
Connecticut, was improperly disciplined in an abuse of managerial authority in an arbitrary and discriminatory manner, completely at variance with the evidence,
3. Mr. McNamara shall be reimbursed for time held out of
service July 30, 1959 to and including August 12, 1959 and
discipline removed from his personal record.
4. Mr. M. Mendes shall be reimbursed for time held out of
service July 30, 1959 to and including August 12, 1959 and
discipline removed from his personal record."
FINDINGS:
Claimants were charged with violation of Rule 104 d and
after hearing were found guilty and disciplined. That rule
provides that "derails must be set in the derailing position
except while being used."
On July 29, 1959 at 9:53 P.M. operator McNamara in S.S. 214
lined switch and derail for passage of engine from Highland
Main to house lead track. He did not reset the derail in de
railing position. He went off duty at 10 P.M. when operator
Mendes took over. He did not reset that derail. These failures
to reset that derail were brought to light about 10:40 P.M. when
an engine ran away on a house track, down the house lead onto
the Highland main and into collision with a train on the Hart
ford-Springfield line.
The principia contention of the organization is that be
cause of the note to Rule 104 that Rule 104 d is not applicable.
That note immediately follows Rule 104 and says that rule applies
only to hand operated switches. It does not mention the follow
ing
separate Rules
104 a to 104 g inclusive so it is clearly
58A. 3o6
Awn 28
inapplicable to them both because of the language used and the
physical placement of that note.
Since claimants admitted they did not reset the derail to
derailing position, it is obvious that they were guilty of the
charge of violating Rule 104 d.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0. 306
/s/ Dudley E. Whiting
DUDLEY E. WHITING, REFEREE
/s/ Russell J. Woodman /s/ J. J. Duffy _
RUSSELL J. WOODMAN, Employe Member J. J. DUFFY, Carrier Member
DATED: June 13, 1961
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