SPECIAL BOARD OF ADJUSTMENT NO. 986
Case No. 43
Docket No. NEC-BMWE-SD-1609D
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: National Railroad Passenger Corporation (Amtrak)
FINDINGS:
On June 30, 1986, Claimant D. Pettyjohn was notified to attend a
hearing in connection with the charge:
Violation of Amtrak Safety Rule #4204B which reads:
(b) Maintain constant lookout in the direction in which moving,
particularly on curve, at switch, frog, crossing or
intersection for obstruction or other unsafe condition.
Self-propelled, hoisting and other equipment or machinery
shall be headed int he direction in which moving, if
practicable. Otherwise make arrangement that will assure
constant lookout being maintained in the direction in which
moving.
and Amtrak Operating Rules and Instructions, Rule 8296, which reads
in part,
Block Signal System rules do not apply on portion of track taken
out of service. All movements will operate at Restricted Speed.
Specifically, that on June 23, 1986 at approximately 10:15 p.m. you
failed to maintain a constant lookout while you were moving
Compactor N12310 south of #2 track at milepost 41.5, resulting in a
collision which caused serious injury to yourself and property
damage to Ballast Regulator #4245.
The hearing began on August 13, 1986, and completed on August 26,
1986. As a result of the hearing, Claimant was assessed a suspension
of thirty working days. The Organization thereafter filed a claim on
Claimant's behalf, challenging the suspension.
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 not properly performing
his duty on the day in question.
Once this Board has determined that there is sufficient evidence
1
qg~-U3
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 it to be
unreasonable, arbitrary, or capricious. In this case, the punishment
was consistent with the nature of the offense. Therefore, the claim
must be denied.
Award:
Claim denied.
Neutral Member
fc
Carri Member rganization Member
Date:
2