(Brotherhood of Railway, Airline and Steamship Clerks,

            ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:

                        (Southern Railway Company


            STATEMENT OF CLAIM: Claim of the System Commirtee of the Brotherhood (GL-7162)

                        that:


          (a) Carrier violated the Agreement at Chattanooga, Tennessee, when it dismissed Mr. John K. Thompson from the service of the Carrier for allegedly mishandling car SOU 44806 by failing to match waybill with car.


            (b) Claimant Mr. John 1:. Thompson shall be compensated for all time lost between December 23, 1969, and January 31, 1970.


            OPINION OF BOARD: Claimant, on the date in question, was assigned as a Utility

          Clerk in the deButts Yard of Carrier in Chattanooga, Tennessee with hours of 7:00 A.M. to 3:00 P.M. His duties included making lists of cars, assisting train clerks, working No-Bills and Astray Bills. On December 6, 1969 a waybill was not matched with a particular car loaded with merchandise and the car was moved to a terminal as an "empty". When the error was discovered the car was routed to its destination, but with a delay of over two days. By letter of December 16, 1969, the shipper wrote to the Carrier's President complaining bitterly and informing him that an alternate means of transportation (trucking) would be used henceforth.


          On December 23, 1969 Claimant vas potified that he was dismissed from service for failure to match the car witti'the waybill. Upon Petitioner's request, an investigation was held on December 31, 1969 which resulted in an affirmation of the previously imposed discipline. On January 29, 1970, Claimant was informed that he would be reinstated to service on a leniency basis, with all rights unim= paired but without pay for time lost'which would serve as the discipline.


          The record of the investigatory hearing indicates that Claimant's rights were not impaired by the process in any respect. The facts with respect to the alleged error' adduced at the investigation were somewhat equivocal; however, in accordance with our long standing practice, we shall not substitute our judgment for that of the Carrier. Given the gbilt of Claimant, there remains the question of whether or not the discipline imposed was appropriate.' Claimant had some twenty-three years of service with Carrier and an apparently unblemished record; clearly dismissal for carelessness in handling the waybill in question was not warranted and neither was the reduction to a thirty-eight day disciplinary suspension.


Niw ;:~.,
                  Award Number 19870 Page 2

                  Docket "lumber CL-19971


We find that the discipline imposed was arbitrarv and unwarranted and shall be reduced to a fifteen day suspension. Claimant shall be made whole for all time lost in excess of fifteen davs.

 FINDINGS: The Third Division of the Adjustment Poard, after giving the parties
 to this dispute clue notice of hearing 0,ereon, and upon the whole
 record and all the evidence, finds and hoLds:

 That the Carrier and the I:nMloves ~:·nl.:·ed :~ t:!i.s dispute are respectively Carrier ,in<! Fmployes within the "..-aping PC t w ~:~LLway Lahor Act, as approved June 21, loJ.'.;

 That this Division of (Ile Adjo·:trtu-; '.o,rd h .;, jurisdiction over the dispute involved herein; and

        That the Agreement was "Lola, c,l,


                    A t: A 1; D


Claim sustained in part; claimant mail bo componsnted for time lost in excess of fifteen days.

                            NATIONAL RAlldtOAD ADJ11S1"MEYr BOARD

                            I~Order :,f Third Division


ATTEST: e. .
        Executive Secretary


Dated at Chicago, Illinois, this 27th days of July 1973.