NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
BROTHERHOOD OF RAILWAY, AIRLINE AND STEAM
SHIP CLERKS, FREIGHT HANDLERS, EXPRESS AND
STATION EMPLOYES_
THE CINCINNATI, NEW ORLEANS AND TEXAS PACIFIC
RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6392) that:
OPINION OF BOARD: This is a discipline case in which the Claimants, regularly assigned employes in Carrier's Citico Yard, Chattanooga, Tenn., were dismissed from service on August 29, 1965, for the mishandling of car Son. 5549 at Chattanooga, June 29, 1965 to July 3, 1965, following investigation conducted on August 27, 1965. Each of the Claimants was restored to service on October 11, 1965, without pay for time lost. The claim is that they be compensated for all monetary loss beginning August 27 through October 11, 1965.
The Board has carefully considered the rather voluminous record in the dispute. We are convinced that Claimants' substantive rights under the Agreement were not violated. It is also clear that Claimants did not properly perform the duties required of them, which contributed to the delay to the car involved. However, it is our considered conclusion that under the circumstances involved the discipline imposed was excessive, and should not have exceeded a suspension of fifteen work days. We, therefore, hold that Claimants should each be compensated for all time lost in excess of fifteen work days.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds: 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, 1954;