NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21502

THIRD DIVISION Docket Number CL-21713

Joseph A. Sickles, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,

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

(The Denver and Rio Grande Western Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-

8221) that:

1. Carrier acted in an unjust and arbitrary manner when it dismissed Mr. J. W. Harker from the servi Western Railroad Company on March 31, 1975.

2. Carrier shall now be required to compensate Mr. J. W. Harker, eight (8) hours' pay per day for each and every day that he is held out of service and he shall now be restored to the service with all rights and privileges unimpaired beginning March 31, 1975, and continue until corrected.

OPINION OF BOARD: On March 13, 1975, Claimant was notified of an imvestiga-
tion concerning alleged failure to physically check certain tracks.

Subsequent to investigation, Claimant was assessed twenty (20)

"demerits." Because that assessment resulted in an accumulation of over ninety (90) "demerits", he was dismissed from service.

At the investigation, Claimant conceded that his instructions included checks of tracks, and he admitted that he did not physically check tracks 16 and 17 on the day in question because of the press of other duties.

Unquestionably, the Claimant's actions were improper and disciplinary action was warranted. Further, that this employe's record has not been exemplar.

While the demerit system may have certain beneficial results, it can - on occasion - result in harsh treatment. We think that such a conclusion is pertinent here, and we are inclined to find that imposition of permanent dismissal is arbitrary under this record, even when we consider prior conduct.

At the same time, we would be remiss if we did not point out that this Claimant is treading precariously close to terminating his employment relationship. Whether phrased in terms of "one last chance" or similar cautionary language, further very well result in harsher consequences.

Award Number 21502 Page 2

Docket Number CL-21713

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 the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the discipline imposed was excessive-.

A W A R D

The claim is sustained to the extent that the dismissal is-set-
aside. ---
Claimant shall be restored to service with retention of seniority and other rights, but without reimbursement for compensation lost during the period of the suspension.

NATIONAL RAILROAD ADJUSTiIENT BOARD

By Order of Third Division

ATTEST

Executive Secretary

Dated at Chicago, Illinois, this 15th day of April 1977.