NATIONAL RAILROAD ADJUSTMElf1' BOARD
THIRD DIVISION Docket Number
CL-20927
Francis X. Quinn, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
( (formerly T:.·ansportation-Communication
( Division)
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and
( John H. McArthur, Trustees of the Property
( of Penn Central Transportation Company,
( Debtor
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood,
GL-7735,
that:
(a) The Carrier violated the Rules Agreement, effective September 1,
1949,
particularly Article
27,
when it assessed discipline of dismissal, later reduced to a suspension, on Claimant C. J. Sween
the Carrier's station in Kingston, Rhode Island.
(b) Claimant C. J. Sweeney's record be cleared of the charges
brought against him on September
17, 1973.
(c) Claimant C. J. Sweeney be compensated for wage loss sustained during the period out of servi
OPINION OF BOARD: The Claimant was assigned as an Agent at Kingston
Station, Rhode Island, and as one of his delegated
responsibilities was to approve telephone calls that originated at that
station. He was charged and found guilty of falsely approving certain
calls as company business when the transcript indicated they were purely
personal. Claimant contended that the calls were related to the damage to
his car which occurred while engaged in company business, although he
never reported such damage to the company. He was dismissed from service
on October
3, 1973,
and reinstated on February
9, 1974.
The assessment of discipline in this case was warranted by the
record; however, we feel thirty
(30)
days was sufficient discipline under
the particular circumstances, especially in view of Claimant's belief,
although erroneous, that the calls were justified as company business.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
Award Number 21077 Page 2
Docket Number CL-20927
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute are
respectively Carrier and Employee within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Hoard ham jurisdiction over
the dispute involved herein; and
Claim disposed of per Opinion.
A W A R D
Claim-disposed of per Opinion and Findings.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST: ~ , A
"A.0
Dated at Chicago, Illinois, this 19th day of May 1976.