NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Ross Hutchins, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
NEW YORK CENTRAL RAILROAD
(Southern District)
STATEMENT OF CLAIM:
Claim of the American Train Dispatchers
Association that:
(a) The action of the New York Central Railroad Company
(hereinafter referred to as "the Carrier"), in disqualifying Train Dispatcher J. E. May, Indianapolis, from train dispatcher service on
January 23, 1964, was arbitrary, capricious and in abuse of managerial
discretion and therefore in violation of the schedule agreement between the parties, Article 9 thereof in particular.
(b) That because of the said violation of the schedule agreement the Carrier be required to reinstate the individual claimant to
train dispatcher service with all rights unimpaired and compensate
him in the amount representing the difference between his earnings
in other service of the Carrier and what he would have earned as
train dispatcher.
OPINION OF BOARD:
The Claimant committed a violation when he
put Number 108 on two train orders in the same day. The Carrier demoted
the Claimant to Operator. The penalty is severe but we cannot say that the
penalty in light of the employe's record which was proper evidence for the
purpose of assessing penalty was unreasonable, arbitrary, capricious or discriminatory.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois. this 2nd day of June 1965.