NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-19539
Arthur W. Devine, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:
(a) The Seaboard Coast Line Railroad Company (hereinafter referred
to as "the Carrier"), violated the Schedule Agreement between the parties, Article IX thereof in par
L. H. Glass discipline of twenty (20) days' actual suspension, such action being
arbitrary, capricious, unjust, harsh, biased, without regard for correct judgment, and unsupported b
(b) The Carrier shall now be required to compensate Claimant Glass for
all time lost as a result of the action referred to in Paragraph (a) hereof, and
shall clear his record with respect thereto.
OPINION OF BOARD: The Claimant herein was regularly assigned third trick train
dispatcher and his assignment included the dispatching of
trains over Carrier's Albany Sub-Division between Albany-West Albany and Waycross,
Georgia.
Train No. 6, a first-class passenger train, did not operate the evening
of July 5, 1970. Train No. 305, a second-class train, was cleared at East Albany
on the date involved without an annulling order having been issued on train No. 6.
On July 6, 1970, the Claimant and members of the crew of train
No.
305
were charged with violation of operating rules in connection with the operation
of train
No.
305 from Albany Yard without obtaining annulment of
No.
6. The Claimant was charged:
"Dispatcher Glass is charged with violation of Rules 201
and 786 for failure to properly annul schedule of
Nos.
5 and 6."
Investigation was conducted on July 10, 1970, at which Claimant was
represented by the General Chairman. During the course of the investigation the
Claimant admitted a violation of Rules 201 and 786. Following the investigation
the Claimant and members of the crew of train
No.
305 were each assessed discipline
of twenty days suspension. The claim requests that Claimant's record be cleared
of the discipline and that he be paid for time lost.
Award Number 19461 Page 2
Docket Number TD-19539
The Petitioner contends, in effect, that the crew of train No. 305
was primarily responsible for that train leaving East Albany without an annulling order on train No.
crew of train No. 5, the fact remains that the Claimant was responsible for
properly issuing annulment order on train No. 6, and any negligence on the part
of the crew of train No. 305 did not absolve Claimant for negligence on his
own part.
Based upon the evidence contained in the investigation, including
Claimant's admission as to the rule violations, we do not find the action of
the Carrier in imposing the discipline that it did to be arbitrary, capricious
or in bad faith. The claim will, therefore, be denied.
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1972.