If the train was operated 10 miles per hour over the speed limit ...

[FButt]

If the train was operated 10 miles per hour over the speed limit from Cajon to Baseline in violation of Company operating rules and the speed set forth in the Division Timetable, is a one-year suspension an appropriate penalty for the Engineer? Give the Carrier's view on this matter. State the Union's view. What did the Board say about this matter?

Question 2

Did the Carrier produce evidence that the train was operating at an excessive speed considering the weight of the train? Did the Board find that the Carrier met its burden of proof?

[olderstudent]

Answer to Question 1

An improper speed on this treacherous descent west to Los Angeles would lead to a catastrophe, including loss of life for the crew and for the public and enormous property and environmental damage. From the Carrier's point of view, a speed violation at the Cajon Pass is a serious matter requiring stern discipline. From a Union and employee perspective, a suspension from work for a one-year period is an economic hardship for employees. The Board simply recognizes the seriousness of the matter from the Carrier's and the employee's perspective. The union and the employer both have a genuine interest in the fairness of the discipline process. In this case, the Engineer was returned to service with all rights unimpaired and paid for all time lost.

Answer to Question 2

From the excerpted portions of the award it is clear the Carrier had produced many computer print outs from the AEI scanners, the archives, the files of train lists, etc. However, the Board determined that, a mountain of printouts cannot substitute for the critical documents that were not produced in the case, which documents were the train list and train profile used by the crew. Because the original paperwork was not produced or reproduced the board found that the Carrier did not meet its burden of proof.