NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21572
Joseph A. Sickles, 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 Committee of the Brotherhood (GL8091) that:
1. Carrier violated the Agreement between the parties when on
May 1, 1975, they arbitrarily and capriciously dismissed Mr. R. L. Brown.
2. Carrier's action was unjust, unreasonable and an abuse of
Carrier's discretion.
3. Mr. Brown shall be reinstated with all rights and privileges
unimpaired and paid for all lost time.
4. In addition, Carrier shall pay Claimant twelve percent (127.)
interest on all monies due.
OPINION OF BOARD: On March 20, 1975, Carrier advised Claimant to appear'
for investigation to determine responsibility in con
nection with a train passing a "stop and stay" indication.
Subsequent to the investigation, the Claimant was dismissed from
service.
The Claimant has raised a number of asserted procedural defects
in the handling of the investigation - alleging that the officer who assessed
the discipline was biased, witnesses were not sequestered, the charges were not
specific, the hearing was not held in a timely manner, etc. Based upon the
totality of the record, we are inclined to find that Claimant has not presented a showing that he wa
of the case.
The evidence shows that Claimant gave a yard crew permission to
pass a "stop and stay" indication, without first receiving authorization
from the dispatcher. While we feel that Claimant's actions were improper,
and that discipline was warranted, we have also noted that there were certain extenuating circumstan
utter disregard for his responsibilities. In addition, we have noted the
Claimant's many years of service.
Based upon the entire record, we are inclined to restore Claimant
to service with retention of seniority and other rights, but without compensation for the period of
Award Number 21512
Docket Number CL-21572
Page 2
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 was excessive.
A W A R D
Board.
Claim sustained to the extent set forth is the Opinion of the
NATIONAL RAILROAD ADJUSTI-MT BOARD
By Order of Third Division
ATTEST:
xecutive Secretary
Dated at Chicago, Illinois, this 29th day of April 1977.
