Form 1 NATIONAL RAILROAD ADJUSTMENT. BOARD Award No. 88
SECOND DIVISION Docket No.
8691
2-SLSW-EW-181
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
( St. Louis Southwestern Railway Company
Dispute: Claim of Employes:
1. That the St. Louis Southwestern Railway Company did unjustly apply fortyfive (45) demerits to the personal record of Radio Equipment Installer W. R.
Belew for alleged violation of Rule
804
of the Rules and Regulations for the
Maintenance of Way Structures.
2. That the St. Louis Southwestern Railway Company be ordered to remove the
forty-five (45) demerits from the personal record of Radio Equipment
Installer W. R. Belew.
Findings:
The Second Division of the Adjustment Board, upon the whole record 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,
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.
The dispute in this case arises out of a charge against the Claimant for "an act
of misconduct and willful disregard" concerning work in which he was involved which,
according to the Carrier, resulted in the mis-identification of a cable at its Pine
Bluff, Arkansas facility. The Claimant admits to having altered the cable number
and apparently contributed to the problem by a refusal to respond as to why he did
so upon inquiry. The details of the case against him are confused by incorrect
dates in the charging letter: the letter itself is dated March
8, 1979
and he
assertedly committed such actions between March 8 and April 12,
1979,
requiring a
determination of infraction in advance of the act itself; it was later determined
that some or all such dates were incorrect. A hearing was held and the Claimant
was assessed 45 demerits for his actions.
We find no basis to affirm the Organization's claim that the errors in the
"March 8" letter should be fatal to the charges: the Claimant admitted he made such
change to the cable identification at the time of discovery of the altered communication block. His demeanor thereafter contributed significantly to the uncertainty
as to why such change was effected. But while this Board can affirm the Carrier's
actions to that point, it finds no basis to conclude that the claimant's actions
were "misconduct or willful disregard" for property. The Carrier's point is well-
Form 1 Award No. 8809
Page 2 Docket No. 8631
2-SLSW-EW-'81
taken that proper labelling is essential to its communication network and that its
supervisory staff should be apprised of any such changes, but the record suggests
that such changes are not always so coordinated and, more importantly, that such
changes are possible without some premeditated damage being the resultanVintent.
We have carefully read the record and conclude that while the Claimant's removal
of the identification numbers may have been in error and that his demeanor when later
asked about it was deserving of admonishment, the ascribing by the Carrier in its
charging letter of misconduct and willful intent was overreaching in the extreme.
If the grievant's work performance was in error by his actions, the charges should'
have been properly stated. And while we have concluded that the seriously flawed
letter of charges was not fatal to the disciplinary action against the Claimant, it
was sufficiently at odds with the facts to indicate that the Claimant was not alone
in the potential to make mistakes. We shall direct that the number of demerit
points be reduced to 20, more properly reflecting the gravity of his improper actions.
A W A R D
While discipline is sustained, it is reduced as set out in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order. of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
fi
By A404
osemarie Brach - Administrative Assistant
Date at Chicago, Illinois, this 10th day of November,
1981.