NATIONAL RAILROAD ADJUST= BOARD

Award Number 20713

_::;I RD DIVISION Docket Number TD-20643

Irwin H, Lieberman, Referee

(American Train Dispatchers Association PARTIES TO DISPUTE: (Louisville and Nashville Railroad Company

STATL'-f_FNT OF CIA LM: -lain of the American Train Dispatchers association that:

(a) The Louisville & Nashville Railroad Company (hereinafter referred to as "the Carrier"), violated the effective Agreement between the parties, Articles 9 (a) and 9 (b) thereof in particular, by its disciplinary action in assessing Dispatcher J. T. Habrey's personal record and refusing to compensate him for time lost from his assignment to attend formal investigation on June 6, 1972.

(b) Because of said violation, the Carrier shall now be required to clear Claimant J. T. Mabrey's personal record of the recorded reprimand and compensate him one day's pay at the rate of his regular assignment for June 6, 1972.

OPINION OF BOARD: :laimant was charged with failing to promptly and
properly report the failure of an operator to make
delivery of a train order. The record discloses that the investigation
of the charges satisfied the procedural requirements of the Agreement.
Operating Rule 822 requires the prompt report of any irregularities to
the proper officer. The evidence established that the incident involving
the train order took place at about 6:15 P.M. and Claimant did not report
it to the Chief Dispatcher until the next day - twenty one hours after
the fact - and then only when reminded to do so. Even though the incident
caused no accident and appears to be a relatively insignificant transgres
sion, the Carrier has the right to impose discipline for minor as well as
major violations of its rules; this Board may not render awards based an
equity. It is well settled that the Board will not substitute its judg
ment for that of Carrier and the discipline imposed in this dispute was
neither unreasonable, arbitrary nor capricious.

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;

Award Number 20713 "age 2

Docket Number TD-20643

That this Division of the Adj-stment Board has Jurisdiction over the dispute in-;olved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD A.Dj-L7SLTaT BOARD

/~ By Order of Third Division

ATTEST: ~y .,y4 ,
Executive secretary

Dated at Chicago, Illinois, this 9th day of :ay 1975.