STATEMENT OF CLAIM: The Order of Railway Conductors, Pullman System, claims for and in behalf of Conductor E. F. Snead, Pennsyivania Terminal District, that he was wrongfully suspended from active service for a period of seven days, from 9:30 A.M. January 19 to 9:30 A.M. January 26, 1946. It is requested that his record be cleared of this suspension and that he be compensated for any earnings lost during the period Gamed.
OPINION OF BOARD: For rendering improper service to, and failing to show a proper consideration for passengers, the claimant employe, E. F. Snead, was penalized by a seven (7) day suspension and brings the record here for review.
Snead, who had entered the service of the Company on May 24, 1926, was a Conductor in charge of Pullman cars on the Pennsylvania Railroad. He was regularly assigned to Train No. 122, the "Sun Queen", running from New York to Miami.
On the train leaving New York on November 17, 1945, to which Snead was assigned, one of the regular cars, being a 10 section, 2 compartment and 1 drawing room type, was withdrown because of mechanical trouble and in place thereof the railroad substituted a 12 section, 1 drawing room type.
Paul C. Debry bad purchased the use of Compartment B in the regular displaced car for the use of he and his wife. They were an elderly couple and not in the best of health. They boarded the substitute car, the "Joseph Reed", at the Pennsylvania station.
On November 2L, 1945, after reaching Palm Beach, Florida, Mr. Debry wrote the Pennsylvania Railroad of what happened after he boarded the train as it relates to Conductor Snead. In the letter he stated as follows:
Snead denied that he made it appear a most difficult affair to transfer the passengers; he also denied that he said he would not make a charge; and he further denied that he told Debry that whatever he would be willing to give him, in vievi of all that he had done to help them, would be perfectly all right.
With reference to what happended Snead states that Debry, after getting on the car and finding no compartment, came to him on the platform and called his attention to the trouble, advising they were elderly people, not well and wanted room accomodations. Snead says he had not at the time received the diagram of the substituted car showing what space had been assigned to outstanding tickets and therefore suggested to Debry that they seat themselves in the car until he could find out the space assigned to them.
Snead further states that after he obtained this information, by means of a letter and card attached to the diagram of the car, he went into the car and told Debry for them to occupy the drawing room and had the Porter place their bags therein. Snead admits he did not then, or at any later time, give Debry the card which is intended to be given to the passengers. This card would have informed Debry that the Pennsylvania Railroad had assigned to him the drawing room in place of Compartment B together with reasons therefor. Nor did he at that time advise Debry that there would be no extra charge for the transfer, although he then knew, from the letter, that there would be none.
After the train departed from the station Snead, accompanied by the Brakeman, picked up the tickets, including those of Debry. Debry then asked whether there would be any extra charges for the drawing room. Snead replied that he would see him a little later, although at that time he knew that there would be none. Snead later returned to the drawing room by himself. He says he then advised Debry there would be no additional charge and that Debry then said he would like to do something for him and gave him two dollars, for which Snead thanked him.
The statements of Debry and Snead are in confilict as to what happened but there are significant circumstances in connection with Snead's handling of the situation which support the Company's findings. It appears that at the time he had the Debrys moved to the drawing room, which was after he received his insructions, he failed then or at any later time to give Debry the card from the railroad. This card is intended for the passengers and would have informed Debry that the Pennsylvania Railroad had made the transfer and that it would not be difficult for the Conductor to make. Also, at this time, he failed to inform Debry there would be no extra charge, which fact he knew from his instructions. It further appears that after the train left the station when, in company with the Brakeman, he was collecting tickets that Debry asked him if there would be any extra charge. He then knew there would not be, as the instructions so informed him. Nevertheless, he did not advise the passenger to that effect but said he would return a little later. This he did and that is when most of what is complained of occurred.
Under this situation, where there is competent evidence to sustain the charge, it is the rule of this Board that it will not substitute its judgment for that of Management in cases of discipline unless, it can be said that the Com- 3683-3 639