SPECIAL BOARD OF ADJUSTMENT NO. 956
BROTHERHOOD OF MAINTENANCE )
OF WAY EMPLOYES )
AWARD NO. 143
and ) CASE NO. 143
NEW JERSEY TRANSIT RAIL )
OPERATIONS, INC. )
STATEMENT OF CLAIM:
The Organization requests that the discipline (60-day suspension and
disqualification from all foreman and assistant foreman positions for one year)
assessed to Mr. G. Quinones be expunged from his record, and that he be made
whole for all financial losses suffered in connection with this discipline.
FINDINGS:
Special Board of Adjustment No. 956, upon the whole record and all the
evidence, finds that the parties herein are Carrier and Employes within the meaning
of the Railway Labor Act, as amended; that the Board has jurisdiction over the
dispute herein; and that the parties to the dispute were given due notice of the
hearing and did participate therein.
The Claimant is regularly assigned as the incumbent on an IRA track
foreman's position. In that capacity, it is Claimant's responsibility to inspect and
detect track irregularities. He is a long-term employee with a good service record.
On Sunday, February 11, 2007, Claimant accepted an overtime opportunity
in the capacity of foreman in charge of a gang performing the replacement of the
right hand switch point and stock rail at Ridgewood Junction. The Claimant and
another foreman, J. Horner, were working under the supervision of Track
Supervisor D. Berger. After a few hours, Supervisor Berger left the job site, leaving
the Claimant and Foreman Horner in charge.
Following the installation, Foreman Horner measured the track gage and
told the Claimant that it was at 56 inches. NJ Transit's standard gage at that
location should have read 56 1/8 inches, but the Claimant determined that there was
a quarter inch "push" or latitude between the heel block and the stock rail. On that
basis, he concluded that the gage was acceptable. The Claimant concededly did not
examine the gage at any other point of the switch.
S.B.A. No. 956 Award No. 143
Page 2 Case No. 143
On February 21, 2007, at approximately 7:25 a.m., Train 1252 derailed at
Ridgewood Junction on Carrier's main line. There were no injuries, but extensive
damage was incurred. An inspection showed that the cause of the derailment was
that the track gage at the 5B switch located at the Ridgewood Interlocking was not
in compliance with the minimum standard. The gage measured at the heel block of
the switch point - the point of derailment -- was found to be 54 3/8 inches, well
below the minimum allowable track gage of 561/8 inches. It was further determined
that the cause of this condition was the result of an improperly installed right hand
switch point by NJ Transit track forces on February 11, 2007.
Claimant was removed from service and charged with a violation of
Carrier's requirements and standards for track gage and failure to perform his
duties in accordance with Carrier safety rules and procedures. An investigative
hearing was held on March 21, 2007. At the hearing, the Claimant disclaimed any
accountability for the incident, stating that it was not his responsibility that day to
check the track gage. Claimant testified that he relied upon Foreman Horner, who is
also an experienced foreman, to accurately read the gage. Based on his testimony,
the Organization contends that the assessed discipline was not commensurate with
the relatively minor degree of culpability that could properly be ascribed to the
Claimant.
Carrier contends that the charges were proven and the discipline was fully
consistent with the misconduct established at the hearing.
The Board has carefully reviewed the lengthy record in this case. Stripped to
its essentials, we find that substantial evidence exists to support the conclusion that
the Claimant violated the charges directed against him. The fact that the other
foreman may have been derelict in his duties does not exonerate the Claimant. As a
track inspector, the Claimant knew the significance of the tight gage reading. It
should have alerted him to check all aspects of the installation, including the gage on
the straight side of the switch point and the turn out side of the switch point. If the
Claimant had performed these fundamental duties, he would have determined that
the gage at the heel block measured only 54 3/8 inches.
It was part of the Claimant's responsibility to ensure that the switch point
was installed in compliance with the Carrier's standards. He failed in that
responsibility. Concluding as we do that the charges were proven, we next turn our
attention to the reasonableness of the penalty imposed. Absent a finding that the
Carrier has imposed discipline in an arbitrary or capricious manner, the Board will
not interfere with the Carrier's judgment.
S.B.A. No. 956
Page 3
Award No. 143
Case No. 143
In the instant case, the proven misconduct constituted a very serious offense
and it had significant consequences to the Carrier's operations. In lieu of discharge,
Carrier exercised leniency -- in light of the Claimant good record and years of
service -- and imposed a disciplinary suspension and a disqualification. There is no
basis for the Board to conclude that a different or lesser penalty was warranted.
Accordingly, the claim must be denied.
Claim denied.
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ANN S. KENIS
Neutral Member
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