SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. 125
Docket No. 133
PARTIES: Brotherhood of Maintenance of Way Employes CNW File: 81-87-21
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The disqualification of Machine Operator D.L. Hussman was
discriminatory, excessive and capricious (Organization File 4LF2141 D; Carrier File 81-87-21).
(2) The Claimant shall now be allowed the remedy prescribed in Rule
19(d)."
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
On August 14, 1986, Claimant was working as a machine operator on
a ballast regulator machine with a surfacing gang working on track
near Grand Junction, Iowa. On that date, Claimant was responsible for
communicating with and clearing trains using the tracks on which the
gang was working. Claimant subsequently was directed to attend a
formal investigation of the charge:
Your failure to properly clear Extra 5091 East on Form Y Train
Order No. 127 Line 2 on August 14, 1986 at approximately 9:40 a.m.
at Grand Junction, Iowa.
The investigation was held as scheduled, and a copy of the transcript
has been made a part of the record. We find that the investigation
was conducted in a fair and impartial manner.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of making a serious mistake
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SBA 924 - Award 125
in clearing an eastbound train by confusing east and west while
operating the radio. Fortunately, another employee of the Carrier was
monitoring the radio and was able to stop what could have been a
serious accident.
Once this Board has determined that there is sufficient evidence
in the record to support the guilty finding, we next turn our
attention to the type of discipline imposed. The record is clear that
the duty of the machine operator to handle communications with
oncoming trains and to properly clear them is one of the most
essential functions for the safe operation of a maintenance of way
gang. Therefore, this Board cannot find that it was unreasonable,
arbitrary, or capricious for the carrier to disqualify the Claimant
from the position of machine operator.
Award:
Claim denied.// ~-
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Date:
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