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Award No. 16610
Docket No. TD-17263
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Device, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY
(System Lines), Respondent
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Spokane, Portland and Seattle Railway Company (hereinafter referred to as "the Carrier"), violated the existing schedule
Agreement between the parties, Article 20 thereof in particular, by
its action in assessing discipline on the record of Train Dispatchers
W. E. LaMon and L. R. Harvey, following formal investigation held
on June 16, 1967 for alleged rules violations, which investigation
failed to establish the alleged violations.
(b) The Carrier shall now be required to clear the employment
records of Claimants W. E. LaMon and L. R. Harvey of the charges
which provided basis for its action.
OPINION OF BOARD:
This is a discipline case in which the Petitioner
is seeking the removal of ten days record suspension from the personal record of Train Dispatcher W. E. LaMon and letter of reprimand from the
personal record of Train Dispatcher L. R. Harvey.
On June 13, 1967, the Claimants were directed to appear for a formal
investigation on June 16, 1967:
" * * * to determine facts and place responsibility in connection
with your failure to comply with instructions from the proper authority as contained in the Dispatchers Manual in that Extra GN 704
East was permitted to leave Vancouver ahead of time indicated on
Line-Up Order No. 66 dated June 12, 1967, without proper order instructions."
Investigation was conducted on the date indicated, a transcript of which
has been submitted by each party. Following the investigation the Claimants
were notified of the discipline assessed. The only witnesses at the investigation conducted on June 16, 1967, were the Claimants.
While the amount of discipline imposed was minimal, we agree with the
Petitioner that any discipline imposed must be based on the offense with which
charged, and supported by the evidence adduced at the investigation. A careful review o: the transcript of the investiga'~ion leads us to the conclusion
that the Carrier did not prove the Claimants guilty of the offense with which
charged. Claimant LaMon stated that be issued Line-Up Order No. 66 showing Extra GN 704 East leaving Vancouver at 3:25 P. M., and that this figure
was based on information received by him from the Yardmaster and the Chief
Dispatcher, and at no time was he made aware of the possibility that the train
might depart ahead of the time shown on the line-up. Claimant LaMon was
relieved by Claimant Harvey at 2:49 P. M. Claimant Harvey testified that
shortly thereafter, at 2:56 P. M., he contacted the Yardmaster, checking on
the departure figure on Extra GN 704 East, and was informed that the train
had departed at about 2:50 P. M.
Based on the record, we are of the opinion that the Carrier failed to
prove a dereliction of duty on the part of the Claimants for the offenses with
which charged. We will, therefore, sustain the claim.
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;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT' Rt)-\K!l
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th (lay of September 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
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