NATIONAL RAILROAD ADJUSTMENT BOARD Award Number 10672
SECOND DIVISION Docket Number 10572
The Second Division consisted of the regular members and in
addition Referee Jonathan Klein when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Southern Railway Company
Dispute: Claim of Employes:
1. That Carman W. R. Crawford, Atlanta, Georgia, was unjustly
suspended from service for a period of twenty (20) work days,
June 24, through 29, and July 14, through August 4, 1982.
2. That accordingly, the Southern Railway Company be ordered to
compensate Carman W. R. Crawford for pay lost during this
twenty (20) working day suspension.
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 employes 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 Claimant was employed as a Carman at Carrier's Inman Yard, Atlanta,
Georgia. A preliminary investigation was held on June 24, 1982, at which time
Claimant was charged with attempting to slow down operations at Inman Yard by
improperly changing air hoses on Train No. 172 earlier that same day. At the
conclusion of the preliminary investigation, the General Foreman dismissed
Claimant from Carrier's service. After a formal investigation conducted on
July 1, 1982, the Claimant's dismissal was modified to twenty days actual
suspension.
The Organization's initial contention is that the Claimant was unfairly
and unjustly treated in that his suspension was not for just cause in
violation of Rule 34 of the controlling Agreement. A careful review of the
lengthy record of the formal investigation which consists of 165 pages of
testimony by fifteen separate witnesses does not lend support to this
contention.
Form 1 Award No. 10672
Page 2 Docket No. 10572
2-SOU-CM-'85
The facts are that Claimant was assigned to work Train No. 172, at 12:05
A.M.on June 24, 1982. The train consisted of twenty-five cars on Track No.
16, and thirty-nine cars on Track No. 15. At approximately 2:00 A.M. Claimant
was found by the General Foreman to be still at work on the twenty-five cars
on Track 16. He had not performed any inspection of the thirty-nine cars on
Track 15. During the two hour period when Claimant worked Track No. 16 he had
removed and replaced eight air hoses among the twenty-five cars.
The testimonial evidence overwhelmingly establishes that the Claimant's
replacement of the eight air hoses on the twenty-five cars situated on Track
No. 16 constituted an unprecedented number of repairs. The charging Foreman
testified that the normal time period to work a comparable number of cars was
one-half to three-fourths of an hour, and that only 1 or 2 air hoses per
Carman, per shift would normally be repaired. This time estimate of threefourths of an hour was substantiated by the testimony of four (4) car Foremen
and two of Carrier's Supervisors. The number of air hoses which would
normally be changed per shift varied between 2 and 5 according to the
Carrier's witnesses.
The testimony of Carrier's witnesses remained unrebutted upon conclusion
of the Claimant's defense. Two of Claimant's witnesses testified that they
did not know of any time when 8 air hose changes were performed in one night.
Another of Claimant's witnesses stated that while 8 hose changes on one train
were possible, it had never occurred when only twenty-five cars were involved.
As acknowledged by Carrier's
Charging
Officer, the length of time
required to change the 8 air hoses is not the issue before this Board, but
rather the manner by which Claimant proceeded in the performance of his duties
on June 24, 1982. The Organization cites General Bulletin No. 12-78's
admonition that, "All carmen working air on trains are required to change at
least four air hoses per shift" as justification for Claimant's actions. The
Board finds Carrier's explanation that there is no proof Bulletin No. 12-78
was ever enforced to be a self-serving comment, and without support in
subsequent notices of a change in policy. Nevertheless, this Board refuses to
read into such a notice justification for changing perfectly viable air hoses
for the sake of change alone. The fact that excessive, improper repairs in
unheard of numbers were made by Claimant supports a finding of guilt as to the
charge. Five of Carrier's witnesses, including the air brake instructor and
Assistant Superintendent of the Car Department, testified that only 2 of the
eight air hoses were of a condition which required that they be changed.
Despite a degree of ambiguity in Bulletin No. 12-78 and its enforcement
on the property, Claimant was personally instructed on March 25, 1982, by his
Foreman on how to look for faulty air brake hoses in need of repair. The
evidence shows that Claimant was qualified to inspect air brake hoses for
defects. He offered no physical or testimonial evidence that the six air
brake hoses which Carrier argued should not have been replaced were in fact
defective, or that he was instructed on March 25, 1982, to make the kind of
unnecessary repairs now at issue. As evidenced by his active participation at
the formal investigation, Claimant was aware of the American Association of
Railroads ("AAR") requirements contained in Interchange Rule 5,
Section A,per
taining to the renewal of air brake hose. The requisite conditions for hose
replacement outlined by the AAR were present in only two of the six hoses
Claimant replaced.
Form 1 Award No. 10672
Page 3 Docket No. 10572
2-SOU-CM-'85
The Organization's contention that closer supervision would have precluded any wrongdoing by Claimant is without support in the record. The Board
finds that Claimant knew or should have known on June 24, 1982, the conditions
and requirements necessary before air brake hoses were to be replaced, and the
consequences to the Carrier of possible AAR penalties for any unnecessary
work. There is sufficient, credible evidence of record from which it is
reasonable to infer that Claimant attempted to slow down the operation of
Inman by making clearly improper air brake hose repairs to Train No. 172 in
excessive numbers. Upon consideration of all the facts and evidence
submitted, this Board concludes that the penalty assessed was neither
arbitrary, excessive nor capricious.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second.Division
00
Attest: 0&
M. T
ncy J,4~fer - Executive Secretary
Dated at Chicago, Illinois, this
4th day of December 1985.
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