NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
ORDER OF RAILWAY CONDUCTORS AND BRAKEMEN,
PULLMAN SYSTEM
STATEMENT OF CLAIM: The Order of Railway Conductors and Brake. men, Pullman System, claims for and in behalf of Conductor K. F. MCWayne, Chicago District, that the Pullman Company acted arbitrarily and in abuse of its discretion when:
OPINION OF BOARD: Organization claims that Company's suspension of Conductor K. F. MeWayne for one round trip of his regular assignment was not based on the record and was an arbitrary and capricious action. MeWayne was alleged to have failed properly to perform his duties as a conductor in a number of particulars; after a hearing, Company found that the charge was substantiated by the evidence and, imposed the discipline after also considering MeWayne's service record which in over nineteen years included fifteen commendations, two actual suspensions, one caution and seven warnings.
A number of specifications of the charges were proved beyond any reasonable doubt by the evidence in the record; so that we find that the action of the Company was based on the record. While it is evident that one individual deciding the extent of discipline might reasonably have arrived at a lesser penalty, it is equally evident that a different individual mght also reasonably have set the penalty at suspension for one round trip as was done here; but whether one reasonable decision is more reasonable than another is not the question we have presented to us: Organization argues that the Company's action was arbitrary and capricious and an abuse of its discretion; on the facts before us we cannot agree.