BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
UNION PACIFIC RAILROAD COMPANY
(former Chicago & North Western Transportation Co.)
Case No. 239
Award No. Z I'S
STATEMENT OF CLAIM: Claim of the Brotherhood that:
1. The dismissal of Track Supervisor J. J. Mulvaney for his alleged
responsibility in a grade crossing accident at Mile Post 83.2 on May
18, 1995 was arbitrary, capricious and on the basis of an unproven
charge (Organization File 4WJ-7013D; Carrier File 950575).
2. As a consequence of the aforesaid violation, Claimant J. J. Mulvaney
shall now be allowed to return to his track supervisor position with
all rights unimpaired and he shall be compensated at his applicable
rate for all time lost.
FINDINGS:
The Claimant was employed by the Carrier as a track supervisor patroIing track in
t
a hi-rail vehicle in the Iowa Falls Subdivision.
On May 18, 1995, the Claimant was instructed to appear for a formal investigation
to determine his responsibility, if any, for a collision between the Carrier high rail vehicle
that he was operating and another vehicle which occurred at a grade crossing at MP 83.2
on the Iowa Falls Subdivision. After the investigation, the Claimant was notified that he
had been found guilty as charged, and based on his record which included two previous
accidents, he was dismissed from the Carrier's service.
The parties not being able to resolve the issue, this matter comes before this Board.
This Board has reviewed the procedural argument raised by the Organization and
we find it to be with merit.
This Board has reviewed the record 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 being responsible for the collision between the Carrier high rail vehicle that he
was operating and another vehicle. The accident was clearly the Claimant's fault and he
subjected himself to discipline.
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 action
to have been unreasonable, arbitrary, or capricious.
The Claimant's record reveals that he had been involved in a previous accident in
1990 and two accidents in 1993. In the 1993 accidents, he backed a Carrier truck into
another vehicle and he caused over $2,OG0 worth of damage to a Jordan Ditcher. In this
case, the Claimant caused damage to two vehicles, as well as serious personal injuries.
Given that previous background of the Claimant and the seriousness of this incident, this
Board cannot find that the Carrier acted unreasonably, arbitrarily, or capriciously when it
terminated the Claimant's employment. Therefore, the claim must be denied.
AWARD
Claim denied. '
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Carrier ember
DATED:
3 /o
P TER R. YER
Neutral embe
>rg ation Membc