BEFORE SPECIAL BOARD OF ADJUSTMENT 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION CO.
AWARD No. 200
Case No. 222
STATEMENT OF CLAIM: Claim of the Brotherhood that:
1. The five (5) day suspension assessed Section Foreman D. T. Kruser
for his alleged failure to properly clear a train through a Form B
order on June 5, 1992 was without just and sufficient cause, capricious, unsupported and in violation of the Agreement (Organization
File -8KB-4916D; Carrier File 81-92-113).
2. Section Foreman D. T. Kruser shall now be compensated for all wage
loss suffered and have the discipline removed from his personal file.
FINDINGS:
On June 5, 1992, Claimant Kruser was employed as a section foreman of a tie
gang working in Barrington, Illinois. His responsibility on that date was "to put up Form
B boards and clear trains through the area where the tie gang was working". While
passing out the current line-ups, the Claimant was informed he had a call on his radio and
he went to his truck to answer the call. Meanwhile, Suburban Commuter Train 636 went
through the Form B limit at 10 mph because it had not been cleared by the Claimant to
proceed at its regular speed. This led to a delay in arrival time at the Chicago Terminal.
As a result, the Claimant was notified to attend a formal hearing to determine his
responsibility in failing to properly clear a commuter train through Form B, thereby
SBA 924 - AWARD 200 - PAGE 2
causing its delayed arrival time.
The Claimant was found guilty and assessed a five-day suspension. The
Organization took exception to the discipline imposed and filed a claim on behalf of the
Claimant.
The parties being unable to resolve the issue, this matter now comes before this
Board.
This Board has reviewed the procedural arguments raised by the Organization and
we find them to be without merit.
With respect to the substantive question, 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 failing to clear Train 636 through the form B
area under his supervision, thereby causing the train to be delayed. Claimant failed to
communicate with the trains that entered into his area as he was required to do.
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.
This Board will not set aside a Carrier's imposition of discipline unless we find its actions
to have been unreasonable, arbitrary, or capricious.
The Claimant's personal record reveals no previous discipline. Therefore, the
Carrier issued its minimal five-day suspension to the Claimant as the first step in placing
him on the new discipline system. Given the nature of the wrongdoing in this case, this
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SBA 924 - AWARD 200 - PAGE 3
Board cannot find that the action taken by the Carrier was unreasonable, arbitrary, or
capricious. Therefore, the claim must be denied.
AWARD
Claim denied.
PETE R. YERS
Neu al M ber
Organisation Member
DATED: