Award No. 15
 Docket No. 15
 PARTIES:. Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: Chicago and North We=tern Transportation Company







FINDINGS:

 This Board, upon the whole record and all the evidence, finds and holds that the employes and the Carrier involved, are respectively employes and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute herein.

 Claimant was a regularly assigned Track F'oremen,.performing service on:-Carrier's Tara Sub-Division. He was in charge of a hyrail vehicle, which he parked on the main line a t MP 228 on November 19, 1982, and proceeded to perform service outside of his vehicle and along the right of way at that location. Section laborer E. P. Thielen was working with claimant at the time.

 While the claimant and the laborer were performing work at
 Tara, a Little Giant Crane, shoving a gondola ahead, operated
 around a curve south of claimant's location and headed north to
 ward-where the claimant and laborer were working. When it became
 apparent that the approaching crane was not going to stop, the
 laborer working with claimant attempted to fiaa the vehicle down.
 The claimant described his actions in -a subsequent investigation:

                                                Award No. 15

                                                  Docket No. 15 Page ?.


        "opposite side of the track to met into the truck to drive it forward. While coming across the track to the other side-, I slipped on top of the ties, fell, realized that I couldn°t get into the truck at that time, so I rolled in the ditch. And at thet point he had hit the section truck."


Following the collision between the gondola car being shoved by the crane and the hy-rail truck in charge of claimant, the operator of the crane, the flagman who was riding in the gondola car, and the alaimRnt were notified to attend investigation on November 26, 1982, on the charge:

        "Your responsibility in connection rith accident at T9r8, love, MP '228.0, on November 19, 1982, involving Little Giant Crane and hy-rail truck."


The investigation was postponed and conducted on December-!, 1982. A copy of the transcript of the investi.zation has been made a pert of the record. Following the investigation, claimant was dismipsed from service on Decem1_-i-.r 8, 1982. He was subsequently reinstated on August 2, 1982, without prejudice to his rtaht to Drogress the claim for pay for time lost.

 In the course of questioning the claimant in the investigation, the following Rules of the Engineering Department were ci~Pd:

              "1062: EmDloyes in charge of hy-rail vehicles will be responsible for their safe operation.


              1065: Information received concerning movement of trains does .not relieve the employe in charge from the responsibility of arotecting a hyrail vehicle against trains, trpck csrs, on track equipment and other hy-rail vehicles.


              1067: Before movement of hy-rail vehicle is started there must be a thorough understanding as to what part each occupant must take should an emergency arise necessitating prompt action.


              107 : Hy-rail vehicles must not be left unattended on track. They must be removed from the track or protected by flag when not in use."


        Claimant statdd that he xas familiar with the rules cited.


From our study of the transcript, the Board is convinced that claimant w-.s in violation. of the rules cited, particularly R»le 1077. The fact that others involved in the collision may have
 SBA - 924 Award No. 15
 Docket No. 15
 Pare 3

 had as much, or even perhaps more, responsibility as claimant, may not be used as an excuse by claimant for his vt.olation of the rules. The disctvline imposed on claimant, amounting to at^nnt eight months suspension, wss not arbitrary, capricious, or in bad faith. The claim for pay for time lost by claimant while out of the service will be denied.

                    A W A A D


      Claim denied.


                    Crai.rman, Neutral Member


                                          8


Carrier Member abor Me er.

 DATED: ·~/ -9