C:\AWARDS\OUT\2-06396.htm

(Advance copy. The usual printed copies will be sent later.)

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6396
SECOND DIVISION :- Docket No. 6205
2-SOU-CM-172
The Second Division consisted of the regular members and in
addition Referee Irving R. Shapiro when award was rendered.
( System Federation No. 21,-Railway-Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)

( Southern Railway Company

Dispute: Claim of Employes: -.

1. That under. the current Agreement, Carman Arlie Stalans, Knoxville, Tennessee, was improperly suspended from service July 22, 1970 through August 5, 1970.

2. That accordingly, the Carrier be ordered to compensate Carman

Arlie Stalans for all. time lost beginning July 22, 1970 through

August 5, 1970. - ._

Findings:
The Second Division of the Adjustment Board, upon the whole record and
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Petitioner contests the imposition upon claimant of a two weeks suspension
from work without pay, claiming that there was not just and sufficient cause for such
disciplinary action.
There is no dispute concerning the facts. The Petitioner charges that the
claimant, classified as a car inspector, who had long service with the Carrier and E
a good employment record, was penalized for an error of judgement in approving a
load for transit which later came undone and caused damage.
E
The Carrier established that the load, authorized for movement by the claim
ant, was not properly secured in accordance with the loading rules knowledgeable as
part of his job. He should have ordered the car cut out of the train until the load
thereon had been secured in accordance with the rules. Failure to do so constituted
reliction of duty, warranting severe punishment, according to the Carrier.
Form 1 Award No. 6396
Page 2 Docket No. 6205(
2-SOIL-CM-' 72 This Hoard is ever mindful of the need of the Carriers and their employees to exercise maximum care to assure protection of life, limb and property of all concerned is the operation of rdflCOads. Survival of this means of transportation is dependent upon active concern for safety on the rails. The car inspector position is precisely for this purpose. Claimant ruse afforded training in all aspects of factors relating thereto. An error such as that committed by claimant could have resulted in extremely serious consequences, detrimental to the public, the carrier and his fellow employees. This Hoard has found that it is inappropriate for it to substitute its own judgement for that of the employer in determining whether certain conditions might warrant excusing failure to comply with reasonable standards of performance. We have stated that if claimant was afforded a fair hearing, the record indicates substantial evidence to sustain a finding of infraction an abuse of discretion, we will not reverse the determination of the Carrier. (See Awards 1323, 2087, 2769, 3092, 3874, 4000, 4001, 4098, 4132, 4195, 4199, 4693, 6027, 61g6, 624n)

We find that_the carrier herein met the burden required by the above criteria.

AWARD

Claim denied. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: ;~,r Executive Secretary Dated at Chicago, Illinois, this 31st day of October, 1972.