NATIONAL RAILROAD ADJUSTMENT BOARD
Third Division
EMPLOYES' STATEMENT OF FACTS.-Mr. D. J. Best. with 20 years' train dispatching service with the Great Northern Railway Company, was employed fit the Whitefish, Montana, dispatching office, working 4 P. 11I. to 12' 111. He was dismissed from the service, charged with responsibility for train No. 250 becoming stalled in the snow at Soldiers' Hone cut at about 9:50' P. M., February 6, 19:36, resulting in a delay of about Y hour 40 minutes to No. 250. On that date a motor train was being operated on the passenger runs on this branch line, and it had been found necessary on account of a severe snow storm in that region to run a steam train ahead of this motor train on all trips up to the time of No. 230. Dispatcher Best permitted this motor train No. 260 to leave Kalispell without running the steam train ahead.
C.IRRIER'S STATEMENT OF FACTS.-On February 23, 1336, Dispatcher David Jay Best, Kalispell Division, was dismissed from the service for responsibility in connection with Kalispell Branch passenger train, handling No 28's connection, stalling in the snow at Soldiers' Home cut about 9:40 P. 117., February 6, 19:36.
Carrier claims that Superintendent had verbally instructed the Chief Dispatcher that the steam train must be run ahead of all motor trains that date;
That the Chief Dispatcher, in turn, had verbally issued similar instructions to Dispatcher Best; and
That Dispatcher Best, in permitting No. 260 to leave Kalispell without the steam train running ahead. violated the instructions of his superior officers.
POSITION OF EMPLOYES.-The employes contend that Air. Best had no knowledge whatever of the instructions of the Superintendent to the Chief Dispatcher, and that the instructions from the Chief Dispatcher to Mr. Best did not include No. 260;
That the conversation at which the only instructions are alleged to have been given was held some o hours before No. 250 was due to run, and that the instructions only related to trains shortly due to ran, and that No. 250 was not included
That Mr. Best knew, as a matter of ordinary judgment, that so long as the storm continued and the snow drifted into cuts, the operation of the steam train ahead of the motor trains would be necessary;
That Mr. Best was advised by one of his superior officers, in effect, that he could depend upon the judgment of the Conductors on the steam and motor trains (This was confirmed by the officer in question) ;
That when No. 260 was getting ready to leave Kalispell the Conductors of the steam and motor trains got together and agreed that, as the storm had abated, it would not be necessary to run the steam train ahead; and
That this information was conveyed by them to the Telegraph operator and by him to Dispatcher Best, and it was upon that information that Dispatcher Best permitted No. 200 to depart without the steam train running ahead.
POSITION OF THE CARRIER.-The position of the Carrier is in substance that which is contained in the Carrier's Statamcnt of Fuels, Due to ignoring tile instructions of his superior officer. Dispatcher Best, in permitting No. =GD to leave Kalispell without the steam train running ahead, the passenger train in question was stalled in the snow at (lie location known as Soldiers' home cut. For this deliberate cancellation of specific instructions from superior officers and its subsequent result, Dispatcher Best was dismissed from tire service.
OPINION OF THE BOARD.Jrhis claim is based oil the stalling of a motor passenger train operating on the Kalispell Division of tile Great Northern Railroad between Columbia Falls and Kalispell, Montana, due to snow conditions, and the violation of orders said to have been issued to train dispatchers not to operate motor passenger trains on the day in question without running steam driven snow machinery ahead. The employes contend that Train Dispatcher D. J. Best, who was charged with the dispatching of the stalled train, was unjustly and unfairly dismissed from tile service because of the stalling of the train, and that the discipline administered "was entirely otu. of proportion to the offense with which charged." In the absence of any written instructions issued to train dispatchers, and particularly to Train Dispatcher Best, the Board is compelled to consider the statements made as to oral instructions given load the supporting evidence to the effect that other important activities of tile railroad had been flat aside on the day in question ill order that snow machinery operated by a steam engine could precede all motor driven passenger trailis .over the road fn question, and which had been done with all such trains with the exception of the one which became stalled because of the snow conditions against which the mmlagemenit laid sought to guard. So far as the train fn question was concerned. the fact is further evidenced flint Train Dispatcher Best had questioned the advisability of permitting the train in question to proceed without, steam operated snow machinery ahead, bill had refrained front exercising his authority not to permit the train to proceed because of the opildoa with regard to snow conditions expressed by men in subordinate positions and not by the instructions of officials of constituted authority and who were available on call. Viewing the testimony as a whole and as well as in the light of the warnings concerning safety and carelessness contained in the Operating Book of Rifles and conspicuously displayed about the railroad premises, the Board submits its opinion that Train Dispatcher Best was given a fair and impartial hearing on tile charges on which this claim is based, and sustains the action of the carrier in its disciplinary action.
At the same time. in view of the various submissions and the character and previous record held, together with the responsible position occupied by Train Dispatcher Best, the Board further submits its opinion that the action of Mr. Best was not one of "deliberate cancellation of specific instructions," as has been charged, but apparently one of hesitancy in over-ruling the statements or opinions of another employe who had been recommended to Dlr. Best as a man of experience and judgment.
FINDINGS.-The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon tile whole record and all the evidence, finds and holds-
That the carrier and the enoploye involved in this dispute are, respectively, carrier and employe within tile meaning of the Railway Labor Act, as approved June 21 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and that
The evidence of record discloses no adequate grounds for disturbing the disciplinary action of the carrier.