Form 1 iTATIdnTzL RAILROAD ADJUSTMENT BOARD Award No. 8326
SECOND DIVISION Docket No.
8199
2-SPI'-CU,r_ `80
The Second Division consisted of the regular members and in
addition Referee Rodney
E.
Dennis when award was rendered,
( System Federation
'Too
714,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Cayman E. T. Terry was unjustly
deprived of his rights and compensation when he was improperly suspended
from service on June 12, 1978 for thirty days dating from June 14, 1978
to and including July
13, 1978,
after 28 years of service with the
Carrier, as a result of investigation held June 2, 1978.
2, That accordingly, the Southern Pacific Transportation Company be ordered
to compensate Cayman
E, T.
Terry for the days held out of service in
accordance ~with the provisions of Rule
39,
and that he be made whole for
all vacation rights, pension benefits including Railroad Retirement
and Unemployment Insurance, and any other benefits he would have earned
during the time held out of service.
Findings:
The Second Division of the Adjustment Board, upon the whole racord and aLL
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,
1834.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute =waived right of appearance at hearing thereon.
E. T.
Terry, a carman in carrier's trair.ya.rd in Eugene, Oregon, was
suspended from service for 30 days because of a violation of carrier's General
Rules and Regulations, Rules 801, 802, M, 0, and 4032, These alleged rule
violations resulted from an exchange of words between the claimant and carrier's
special agent, J. E . Ti7oo1-Nrine
o
The record reveals that while the special agent was driving a vehicle on
a dirt road beside !'rack
30,
he raised a cloud of dust. The claimant and others
working in the vicinity were apparently annoyed by the dust. Claimant confronted
the special agent and spoke to him about driving fast in an area where there was
limited clearance between tracks and about the fact that men were working there.
An exchange of words took place. There was an investigation of the incident
and the claimant was suspended for 30 days as a result.
Form 1
Page 2
Award No.
8326
Docket No. 8199
2-SFr-CM-t80
This Board need not repeat the testimony of each witness to justify its
position. It is sufficient to state that on the record, claimant was guilty of
numerous rule violations, specifically Rules
801
and 8020 The carrier, however,
has not carried its burden or proving that claimant violated Rules M, 0, and
x+032,
While this Board has, on many occasions, outlined its role in relation to
discipline administered by a carrier and noted that it does riot presume to
substitute its judgment in discipline cases for that of the carrier where charges
are proven, it has justifiably reduced a penalty if it was considered to be
excessive in view of the facts and circumstances of the case before it.
In this instance, this Board. concludes that carrier could have achieved its
end by a 10-day suspension. This would have been sufficient to instruct the
claimant, a 28 year employee who should have known better, that his behavior in
this instance was improper and should not be repeated.
A W A R D
The claimant's suspension shall be reduced from 30 to 10 days.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By / ~~,~
semarie Bra:i
- Administrative Assistant
Date at Chicago, nois, this 16th day of April, 1g80.