NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20504
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE;
(George P. Baker, Richard C. Bond, and Jervis Langdon,
( Jr., Trustees of the Property of
( Penn Central Transportation Company, Debtor
STATEZIENT OF
CLAIM; Claim of the System Committee of the Brotherhood (GL7431) that;
(a) The Carrier violated the Rules Agreement, effective February
1, 1968, particularly Rule 6-A-1, when it assessed discipline of 60 days
suspension on J. H. Hamilton, third trick Crew Dispatcher at Washington,
D. C., Chesapeake Division, Eastern Region.
(b) Claimant J. H. Hamilton's record be cleared of the charges
brought against him on or about July 9, 1972.
(c) Claimant J. H. Hamilton be compensated for wage loss sustained during the period out of serv
OPINION OF BOARD: Claimant was advised to attend an investigation con
cerning an allegation that he left his assignment with
out being properly, relieved. Subsequent to the investigation, he was sus
pended for sixty (60) days. As a matter of leniency, the final thirty-four
(34) days of the suspension were deferred under a probationary condition.
Initially, Claimant urges that the investigation was neither fair
nor impartial for a number of reasons. We have fully considered the transcript of the investigation
with this Referee participating, requires a showing that a Claimant's rights
are fully protected. However, our examination of the entire record in this
case demonstrates that Claimant was afforded a fair and impartial investigation, as required by the
The record supports the conclusion that Claimant did leave his
assignment prior to being relieved. In this regard, the Carrier notes that
Claimant's position of third trick dispatcher is one of three dispatcher
positions which comprise a continuous operation. The dispatcher has prime
responsibility for crew calling, and the position may not be vacant.
Award Number 20475 Page 2
Docket Number CL-20504
Claimant's stated reason for leaving his assignment, prior to
being relieved, was because he was "tired." Prior Awards of this Board
have considered valid reasons for departing an assignment prior to being
relieved (see, for example, Award 16744), but they have not condoned a
departure in this type of a circumstance.
The Board is unable to state that Carrier's action was arbitrary,
capricious or unsupported by the record.
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:
Gi1GI,-
Dated at Chicago, Illinois this 25th day of October 1974.
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