NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20668
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline & Steamship Clerks
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Board of Adjustment No. 218
(GL-7510) on the Lake Region, Norfolk and Western
Railway Company, that:
1. Carrier violated the Agreement between the parties when on
July 10, 1973, they arbitrarily held a hearing on Clerk C. W. Patterson,
eleven (11) days after he was taken out of service.
2. Carrier further violated the Agreement between the parties
when on July 18, 1973, they arbitrarily and capriciously dismissed Mr.
Patterson from service.
3. The carrier's action was unjust, unreasonable and an abuse
of carrier's discretion. The discipline was assessed with complete disregard of our working agreemen
4. Carrier shall now reinstate Mr. C. W. Patterson with full
rights and privileges unimpaired.
5. Carrier shall compensate Mr. Patterson for each day held
out of service.
6. In addition to the monetary amount claimed herein, carrier
shall pay claimant an additional amount of ten percent (107) interest
compounded annually.
OPINION OF BOARD: Our review of the record indicates that the Carrier
failed to consider the mitigating circumstances causing Claimant to lose his temper. The Yardmas
There is evidence to support Carrier's findings of responsibility
by claimant. His actions are in no sense to be supported, but in view of
the mitigating circumstances, Claimant did not deserve the supreme penalty
of dismissal from service.
Therefore Claimant will be reinstated with full rights and
privileges unimpaired but without any monetary compensation.
Award Number 20615 Page 2
Docket Number CL-20668
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 violated to the extent shown in opinion.
A W A R D
Claim sustained to the extent and in the manner set forth in
Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 21st day of February 1975.