NATIONAL RAILROAD ADTUSTMT papgD
THIRD DIVISION Award Number 19462
Arthur W. Devise, Referee Docket Number TD-19573
(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 effective Agreement between the parties,
Article IX(a) and IX(b) thereof in particular, by its action in assessing
discipline of fifteen (15) days' actual suspension to Train Dispatcher E. G.
Richardson (hereinafter referred to as "the Claimant") following an investigation
held January 18, 1971.
(b) The Carrier shall nor, be required to compensate Claimant Richardson
for all wage loss sustained and clear his personal record of the charge which
provided the basis for the said investigation.
OPINION OF HOARD: This is a discipline case involving fifteen days suspension
against claimant dispatcher E. G. Richardson for his
responsibility in connection with the handling of a train order on January, 5, 1971.
Claimant was third trick dispatcher on Carrier's Florida Southern District.
The Carrier's West Coast territory was assigned to another dispatcher. Claimant
issued train order No. 3 at Trilby and Leesburg, Fla., at about 3:03 A.M.,
January 5. Trilby was on the territory of the West Coast train dispatcher and the
train order affected the speed of a train moving from the West Coast territory to
the Florida Southern district.
We have carefully reviewed the entire record in the dispute, including
the transcript of the investigation conducted on January 11, 1971. We find that
none of claimant's substantive procedural rights under the agreement were
prejudiced by the manner in which the investigation.was conducted. We further
find that there was substantial evidence in the investigation to warrant the
Carrier's conclusion that claimant did not properly carry out his responsibility
as a train dispatcher. It is undisputed that claimant did not advise the West
Coast train dispatcher of the issuance of train order No. 3, nor did he advise
the relieving dispatcher that the West Coast dispatcher had not been informed as
to the train order. Discipline was warranted and the suspension of fifteen days
was not arbitrary, capricious, or in bad faith. We will, therefore, deny the claim.
Award Number 19462 Page 2
Docket Number TD-19573
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
4C-A-)ryr
Dated at Chicago, Illinois, this 30th day of October 1972.