| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| misconduct |
dereliction of duty |
railway workers |
|
Summary:
The claimant, a locomative engineer, was in the locomotive and operating the train. Despite a conversation with the conductor who had ultimate responsibility for the train, the locomotive went through a red light prohibiting passage and travelled at a speed of approximately 10 miles an hour for 4,000 feet. To contend that there was no misconduct and simply distraction trivializes the events that took place in the locomotive at the time the claimant should be alert and understand his responsibilities. The argument that lack of awareness of what happened is an excuse when there was an explicit failure to meet his contractual obligation is unacceptable. The Board trivialized the facts in this case and concerned itself with the severity of the sanction, a question not within its jurisdiction.
