NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22033
Herbert L. Marx, Jr., Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the former Texas and
Louisiana Lines of the Southern Pacific Transportation Company:
On behalf of former Signal Maintainer W. R. Brill for
reinstatement to the service with pay for time lost and
seniority and other rights unimpaired.
OPINION OF BOARD: Following a full and impartial investigative
hearing, Claimant was dismissed from service for
violation of Rules M-630, M-638 and 801 in connection with his failure
to inspect an adequate number of warning signals in July and August
1976 and his further failure to report such shortcomings.
Of the Rules referred to, the Board finds particularly
pertinent that portion of Rule 801 which properly forbids an employe
to be "careless of the safety of . . . others" or to be "indifferent
to duty". Whatever the mitigating circumstances may have been, as
testified to by the Claimant, the results of his actions were indeed
in contravention to the quoted Rule and contrary to responsible
performance of duty. Making the situation of even great consequence
is the consideration that the Claimant had been previously disciplined
for a similar offense.
In finding that the Carrier properly disciplined the Claimant,
the Board nevertheless holds the penalty of dismissal frca service
to be excessive. Claimant has been out of service for an extended
period, during which it is assumed that he has had cause to consider
the seriousness and immaturity both in his neglect of duty and in his
failure to advise his superiors on a timely basis.
The Board will therefore order the Claimant to be restored
to duty promptly, with seniority and other rights unimpaired, but
without back pay.
Award Number 22053
Docket Number SG-22033
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 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 indicated in the Opinion and
Findings.
ATTEST:
e~& pAaznv-~r
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 12th day of May 197$.
