TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
THE INDIANAPOLIS UNION RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the Transportation-Communication Employees Union on the Indianapolis Union Railway, that:
OPINION OF BOARD: Claimant was an extra telephone operator, assigned to a relief assignment which worked Kentucky Avenue two nights per week as telephone operator, with assigned hours 3:00 P. M. to 11:00 P. M. On that assignment he was responsible for various line-ups made by the switchtender.
On March 3, 1967, following a fair and impartial investigation, Claimant was dismissed from Carrier's service for his responsibility in connection with derailment of New York Central Freight Train CC-3 westbound at Kentucky Avenue, Union Tracks, on February 17, 1967.
From the evidence adduced at the investigation, it is clear that Claimant was given proper report of the movement of Freight Train CC-3, but that he failed to line, or have the switchtender line, the No. 4 puzzle switch for the movement of the freight train, resulting in the derailment. In fact, during the course of the investigation, the Claimant admitted his dereliction.
Based upon the entire record, including Claimant's prior service record, and considering the importance of enforcing rules with respect to the proper alignment of switches, we cannot say that Carrier's action in dismissing Claimant from its service was arbitrary, capricious or in bad faith. We will deny the claim. FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds: