BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
CHICAGO & NORTH WESTERN TRANSPORTATION CO.
Case No. 235 -Au.s
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STATEMENT OF CLAIM: Claim of the Brotherhood that:
I. The dismissal* of Assistant Foreman P. R. Messerschmidt for his
alleged responsibility in backing a Company vehicle into another
vehicle on July 10, 1993 was without just and sufficient cause, in
violation of the Agreement and based on an unproven charge
(Organization File 4PG-3567D; Carrier File 81-93-129)
2. Assistant Foreman P. R. Messerschmidt shall now be allowed the
remedy prescribed in Rule I9(d).
* The dismissal was later reduced to a suspension.
FINDINGS:
Claimant P.R. Messerschmidt was employed by the Carrier as an assistant foreman
on the AFE 9 Gang working the area of Missouri Valley, Iowa.
On July 11, 1993, the Carrier was notified that one of its vehicles was involved in
a hit-and-run accident which occurred in the parking lot of the Happy Chef Restaurant.
Upon investigation, Roadmaster Biggerstaff found that Carrier employee K. Robinson
had signed a meal ticket at the Happy Chef on that same date and approximate time.
When the roadmaster questioned Mr. Robinson. he denied being involved in any accident
on that date. He, however, informed the roadmaster that the Claimant was at the same
restaurant around the same time on the date in question.
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The roadmaster than questioned the Claimant and learned that "someone had
honked at him (Claimant) and indicated that he had backed into a vehicle". The Claimant
told the roadmaster that he checked "a little red car" and since there was very little
damage, he left the scene.
Subsequently, the roadmaster accompanied the Claimant to the Missouri Valley
Police Department where the Claimant filled out the required forms detailing the incident
in question. The police then issued the Claimant a citation for failure to leave
information at the scene of an accident.
Following this incident, the Carrier charged the Claimant with involving a Carrier
vehicle in an accident with another vehicle causing approximately $500 in damage. The
Carrier also notified him that he must appear at a formal hearing into the charges. At the
hearing, the Claimant testified that no one "honked" at him at the Happy Chef Restaurant
nor did he look at a "little red car".
Because of the conflicting testimony given at the hearing, the Claimant was found
guilty as charged and dismissed from service because of his previous five- and ten-day
suspensions. The record was later reviewed and the dismissal was reduced to a
suspension. The Claimant was allowed to return to work as a trackman, but chose instead
to go into a furloughed status.
The parties not being able to resolve the issue, this matter comes before this Board.
This Board has reviewed the evidence and testimony in this case, and we find that
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there is sufficient evidence in the record to support the finding that the Claimant was
guilty of being responsible for the accident that occurred on July 11, 1993, as well as
failing to stay at the scene and not properly reporting the accident as required by the rules.
The record is clear, and it includes oral admissions by the Claimant, that the Claimant
was in violation of Safety Rule E, Rule 803, and Rule 1103 by failing to take the proper
actions after he was involved in an accident on the date in question.
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.
In this case, although the Claimant was originally dismissed, his dismissal was
reduced to a lengthy suspension. Given the previous disciplinary background of the
Claimant, which included a five- and ten-day suspension, this Board cannot find that the
Carrier acted unreasonably, arbitrarily, or capriciously when it issued the suspension to
the Claimant for his wrongdoing in this case. Therefore, the claim must be denied.
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Claim denied.
PfTER R. RS
Neutral Member
Carrier Member Org i tion Member
DATED: -/-/ ,F ` S - DATED:
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